Disqualification

Question 1

when can a person be disqualified from inheriting under a Will?

Answer 1

A person can be disqualified from taking a gift under a Will where:
* Undue influence or fraud
* Forfeiture
* Gifts to witnesses
* Failure to meet a contingency

Question 2

explain when a person will be disqualified from inheriting under a Will on the basis of undue influence/fraud

Answer 2

A gift can be set aside if B inherited the gift by someone exerting undue influence / fraud on T to make the gift

Question 3

explain when a person will be disqualified from inheriting under a Will on the basis of forfeiture

Answer 3

B will not inherit if they unlawfully killed T inc. murder, manslaughter, dangerous driving, assisted suicide

Applies to all entitlement i.e.: under a Will, survivorship, intestacy

Question 4

explain when the forfeiture rule can be overturned

Answer 4

B can apply for the forfeiture rule to be overturned within 3 months of conviction

Court considers the conduct of D, B, all the circumstances + if it is in the interests of justice

Question 5

explain when a person will be disqualified from inheriting as a witness to the Will and exceptions

Answer 5

If B or their spouse/CP witnessed the Will, the gift to them will fail unless:
o B married the witness after the Will was executed;
o There is a later codicil confirming the gift + it is witnessed by independent Ws; or
o There are at least 2 other Ws who are not Bs or their spouse/CP