Negative Will Instructions

Can a will deal exclusively with disinheriting all of the testator's heirs? No! Such a will is invalid. A will must contain instructions about the division of the estate after the testator's death, and cannot be totally negative.

How is a will that disinherits legal heirs, and also names beneficiaries for the estate, be carried out? A valid will containing both negative and positive instructions for the distribution of property belonging to the estate will be carried out in full and the beneficiaries will inherit instead of the heirs disinherited under it.

Are there different degrees of "disinheriting" someone in a will? Yes, an heir can be cut out or disinherited from inheriting his part in the estate , or disinherited in general, from inheriting anything, depending on the exact nature of the negative wording in the will's instruction . An heir who is disinherited in general is rejected totally by the testator and cannot inherit by re-entering the circle of heirs under law.

Can an heir who is totally disinherited under a will, gain after all if another heir relinquishes his part in his favour? No! The testator's intention was total disinheritance – and allowing another heir to relinquish in his favour would by-pass this.

Can an heir who is disinherited from the estate in general by a specific instruction , re-enter the circle of heirs under law, if another instruction under the will bequeathing property to someone else, is cancelled? No!

If an estate is not distributed properly according to the will, can an heir who was disinherited under it re-enter the circle of heirs under law? In principle no.

How is it known whether an instruction in a will totally disinherits an heir from the testator's estate , in all circumstances? From the language and phraseology used. For a court to interpret a negative instruction in a will as disinheriting an heir from anything in the estate the language must be clear, explicit and unequivocal.