South African law recognises statutory disqualifications as well as the common-law doctrine of unworthiness to inherit.
Section 4A of the Wills Act can disqualify a person from receiving a benefit if that person signs the will as a witness, signs on behalf of the testator, or writes out the will or part of it in their own handwriting. The spouse of such a person can also be affected. For this purpose, nomination as executor, trustee or guardian is treated as a benefit. Section 4A contains exceptions, including cases where a court permits the benefit, where the person would have inherited on intestacy up to the value of that intestate share, or where at least two other competent witnesses who do not benefit from the will also attest it.
The common-law doctrine of unworthiness can separately prevent someone from inheriting because of their conduct. The clearest example is unlawfully and intentionally causing the deceased’s death. Fraud, forgery, undue influence or other serious misconduct relating to the deceased or the will can also lead to disqualification, depending on the facts and applicable case law.
A minor is not disqualified from inheriting. A minor can inherit under a will but cannot personally administer the inheritance in the same way as an adult. If money devolves on a minor and there is no valid testamentary trust or other suitable mechanism, it may have to be paid into the Guardian’s Fund for administration on the minor’s behalf. Nominating a guardian does not, by itself, determine how the inheritance will be held and administered.
See also: Who must be covered in a will? | Can a beneficiary be an executor of a will in South Africa?
Disclaimer: The information provided here is intended as general guidance only and does not constitute legal, tax, or financial advice. Every situation is unique, and legislation is subject to change. We invite you to reach out to our team at Wealth and Legacy Group for guidance tailored to your specific circumstances.