The
following persons are disqualified from benefiting under a will:
1.
A person who has unduly influenced the
person who wrote the will to give him a benefit under the will.
2.
A person who is unworthy, e.g.
·
A person who unlawfully has caused the
death of the testator. This is in accordance with the maxim de bloedige hand er neemt geen erffenis, and clearly the
person who murders another cannot take a benefit from the will of his victim.
·
a person who has led another into an
immoral life and indirectly caused the latter’s death;
·
a person who has concealed the will of
the testator;
·
A
person who has attempted to defraud persons of their rightful inheritance by
forging a will.
In Makhanya v Minister of Finance the court used the de
bloedige hand maxim to extend the
rule to cover any proceeds from the deceased’s pension fund from benefiting the
person who caused the deceased’s death.
The facts in Danielz NO v De Wet and Another were
that De Wet was the sole nominated beneficiary under four life insurance
policies on the life of her late husband. In 2000, she hired and paid two men
to assault her husband. Unfortunately, they killed him.
In 2006, after the she had been convicted on the criminal
charges against her, she claimed under the life insurance policies from the
insurer. The applicant, who was the nominee of the insurer (Old Mutual),
applied for a declaratory order that De Wet was not entitled to the proceeds of
the life insurance policies.
The court agreed and the application for a declaratory order
to bar De Wet from claiming the proceeds of the policy was therefore
successful.
