Inheritance Forum Questions
Can a testator include in his/her will a condition which stops the beneficiary inheriting?
Yes, by including a condition that prevents him gaining form the estate if certain conditions are fulfilled, or a certain date is reached.
Can a testator include a provision in his/her will that if a beneficiary objects to his share, that he can be struck out of it and get nothing?
Yes! This is possible, but a distinction should be made between an objection without any basis, in which the beneficiary would lose everything, and a justified objection, because of a fault in the will, in which case he would not be excluded from the estate.
What is the legal position where the testator did not determine who would benefit from certain property when a stated condition were fulfilled, or a specific date reached?
In this case, the heirs according to law would inherit that property, for which no beneficiary was named.
What happens when a potential beneficiary dies before a condition which would have prevented him from inheriting is fulfilled?
The inheritance will pass to the potential beneficiary's heirs, as the beneficiary held the right at the time of his death, and the grounds for losing it did not exist. For example, if, according to a condition of the will, a beneficiary was to lose the inheritance if he divorced, even if he died during divorce proceedings, but was still technically married, he would retain the inheritance rights, and these would pass to his heirs upon his death.