Heir Instead of Heir

What are the implications of making an instruction in a will about one heir taking the place of another?

That upon the death of the first heir, the second named one will inherit. This way the testator still controls his/her estate after his/her own death

Can a testator leave property to more than two heirs in this way?

Yes!

Under what conditions will the second beneficiary gain from the estate?

If the first one dies before the testator, or if the first is disqualified from inheriting, or gave up his share , but not in favour of the testator's spouse, child or brother/sister.

Is there any limitation on the share that the first heir will get?

No! The first heir can do absolutely what he/she wishes with his/her share, including bequeathing it to any person.

Is there a maximum limit on the number of people a testator can leave his estate to?

No!

What is the legal status of the second heir?

A second heir has the status of someone whom the testator bequeathed property at the beginning.

What happens if the first heir dies before the testator?

In these circumstances the first heir cannot inherit, and the second heir will inherit instead.

What will happen if the first heir is disqualified from inheriting the deceased's property?

The second heir will inherit .

Who will get the inheritance under a will when the first heir gives up the inheritance totally – without doing so in favour of permitted relatives of the deceased?

The second heir.

Who will get the inheritance under a will if the first heir relinquishes his share in favour of the deceased's spouse, children or siblings?

Whoever the heir gave up his inheritance to – providing the relinquishment was to the deceased's spouse, children or siblings.

Can a testator give instructions in his will whereby he overrides the instructions Of 'heir instead of heir' under the Inheritance Law of 1965.

Yes!