People Disqualified From Inheriting

Can a person who caused the death of the deceased inherit his property?

Not if he is convicted of purposefully causing the deceased's death , as he/she is likely to be disqualified as an heir . If , however , he/she is is not charged with causing the deceased's death, or is charged, but is found not guilty, then he/she will not be disqualified as an heir, and has the potential to inherit.   

Can someone who is charged with murdering the deceased, but who dies before he is convicted, inherit from the estate?

Possibly, as someone who dies during legal proceedings is regarded as someone who is not convicted of that act, and therefore, that person or that person's estate, can inherit. 

Can a person who tried to cause the death of the deceased still inherit his property?

Not if he is convicted of attempting to cause his death, as he will be disqualified from inheriting. 

Can someone due to inherit according to a will, but who is accused of causing the deceased's death, be prevented from inheriting from his/her estate ?

Yes! The Inheritance Act of 1965 states that an instruction in a will which is immoral can be disqualified, so that a person accused of causing the deceased's death can be prevented from inheriting. 

Can a person who conceals the deceased's will still be able to inherit from the estate?

Not if he/she is convicted of this, and it was the deceased's last will. 

Can a person who conceals the deceased's last will inherit still inherit, if it is later found?

Not if that potential heir is convicted of hiding the will, as he/she will be disqualified, the emphasis being on the concealment of the will, not on its discovery. 

Can a person who destroyed the deceased's will still inherit from the estate?

Not if he/she is found guilty of destroying the deceased's last will, as he/she will be disqualified as an heir. If he/she destroyed the will, but is not convicted of such, he/she is not disqualified as an heir.   

Can a person who forges a will still inherit under it?

Not if charged with forging the will and found guilty, in which case he/she will be disqualified, but yes, charged but found not guilty. 

Can a person who claimed inheritance rights under a forged will inherit?

Not if he /she is convicted of forging the will, as this will disqualify him/her from inheriting. 

Can a person who is convicted of trying to cause the deceased's death inherit if the latter forgives him/her?

Yes! If the deceased forgives that person , in writing or by way of making a will in his/her favour, then he/she regains legal capacity to inherit.

Does the prohibition on a person convicted of murdering the deceased apply just to inheritance according to law, or his will, or both?

Both ! A person convicted of murdering the deceased cannot inherit the latter in any way – either by law, or under his will.  

What becomes of the inheritance that the deceased's murderer was supposed to inherit after he is disqualified as an heir?

The inheritance share will be divided amongst the other heirs, relative to their relative shares.  

Does the fact that one spouse murdered another prevent the murderer from gaining his rights according to the 1973 Spouses' Property Relations' Act?

No ! While the murderer will not be able to inherit the spouse he/she murdered, the murderer's property rights under the act will not be affected, and his rights in marital property will remain the same as they were prior to murder.  

Can a person who is convicted of causing the deceased's death by negligence still inherit him?

Yes, causing the deceased's death by negligence does not cancel inheritance rights.   

Can a person who forgives or pardons someone who tried to murder him, go back on his pardon?

No! Once pardoned, the person has capacity to inherit and the pardon cannot be retracted.  

If a beneficiary conceals the testator's old will, and a new one has been made, will he be disqualified from inheriting, because of what he did?

No!   

Will a beneficiary be disqualified from inheriting if he did not personally forge the will, but claimed under a forged will?

No ! The disqualification dervies from the fact that the beneficiary claimed under a forged will. He/she will still be disqualified even if he/she did not personally forge the will.   

Will a person who is convicted of attempting to forge a person's will or trying to claim under a forged be disqualified from inheriting?

No! Only if the person did actually try to forge a will, or did actually file to claim under it in practice, would he be disqualified.  

If a person attempts to conceal or to destroy a will, does that mean he is disqualified from inheriting?

No! Only a person who is actually convicted of attempting to destroy a person's last will or making it disappear , will be disqualified from inheriting.   

Can the heirs of a person who murders someone who made a will under which he was a beneficary get his share, if he commits suicide?

No! The instruction in the will bequeathing property to the testator's murderer will be cancelled, and therefore, his heirs cannot inherit his share.