Inheriting property under a will is a common way for individuals to pass on their assets to loved ones after they pass away. However, there are certain individuals who may be excluded from inheriting under a will, either due to their relationship with the testator or their actions during the testator’s lifetime. In this article, we will explore the rules of testamentary succession and identify who cannot inherit under a will.
Introduction to Testamentary Succession
Testamentary succession refers to the process of distributing a person’s property after they pass away, according to the terms of their will. A will is a legal document that outlines how a person wants their assets to be distributed after their death. The person making the will is known as the testator, and the individuals who inherit under the will are known as beneficiaries.
The Importance of a Valid Will
For a will to be valid, it must meet certain requirements. These requirements vary by jurisdiction, but generally include:
- The testator must be of sound mind and disposing memory
- The testator must be at least 18 years old (in most jurisdictions)
- The will must be in writing and signed by the testator
- The will must be witnessed by at least two people
If a will does not meet these requirements, it may be deemed invalid, and the testator’s property will be distributed according to the laws of intestacy.
Individuals Who Cannot Inherit Under a Will
There are certain individuals who may be excluded from inheriting under a will, either due to their relationship with the testator or their actions during the testator’s lifetime. These individuals include:
Spouses Who Have Been Divorced or Separated
In most jurisdictions, a spouse who has been divorced or separated from the testator at the time of the testator’s death is not entitled to inherit under the testator’s will. This is because the divorce or separation is considered to have severed the marital relationship, and the spouse is no longer considered a beneficiary.
However, there are some exceptions to this rule. For example, if the testator and their spouse were separated but not divorced at the time of the testator’s death, the spouse may still be entitled to inherit under the will.
Children Born Out of Wedlock
In the past, children born out of wedlock were often excluded from inheriting under a will. However, this is no longer the case in most jurisdictions. Today, children born out of wedlock are generally entitled to inherit under a will, provided they can prove their parentage.
Illegitimate Children
Illegitimate children, on the other hand, may still face difficulties when it comes to inheriting under a will. An illegitimate child is a child who is born to parents who are not married to each other at the time of the child’s birth.
In some jurisdictions, illegitimate children may be excluded from inheriting under a will unless they can prove their parentage. However, this is not always the case, and the rules regarding illegitimate children and inheritance vary widely from jurisdiction to jurisdiction.
Individuals Who Have Been Convicted of a Crime
In some jurisdictions, individuals who have been convicted of a crime may be excluded from inheriting under a will. For example, if an individual has been convicted of murdering the testator, they may be barred from inheriting under the testator’s will.
Individuals Who Have Been Declared Incapacitated
Individuals who have been declared incapacitated may also be excluded from inheriting under a will. An incapacitated individual is someone who has been deemed unable to manage their own affairs due to a mental or physical disability.
Individuals Who Have Renounced Their Inheritance
Finally, individuals who have renounced their inheritance may also be excluded from inheriting under a will. Renouncing an inheritance means giving up one’s right to inherit under a will, and it is typically done in writing.
Other Rules and Exceptions
There are several other rules and exceptions that may affect who can inherit under a will. These include:
The Slayer Rule
The slayer rule is a common law rule that prohibits individuals who have killed the testator from inheriting under the testator’s will. This rule is designed to prevent individuals from benefiting from their own wrongdoing.
The Forfeiture Rule
The forfeiture rule is a common law rule that prohibits individuals who have been convicted of a crime from inheriting under a will. This rule is designed to punish individuals who have committed a crime and to prevent them from benefiting from their wrongdoing.
The Anti-Contest Clause
An anti-contest clause is a provision in a will that prohibits beneficiaries from contesting the will. If a beneficiary contests the will and loses, they may be barred from inheriting under the will.
Conclusion
In conclusion, there are several individuals who may be excluded from inheriting under a will, either due to their relationship with the testator or their actions during the testator’s lifetime. These individuals include spouses who have been divorced or separated, children born out of wedlock, illegitimate children, individuals who have been convicted of a crime, individuals who have been declared incapacitated, and individuals who have renounced their inheritance.
It is essential for individuals to understand the rules of testamentary succession and how they may affect their ability to inherit under a will. By planning ahead and creating a valid will, individuals can ensure that their assets are distributed according to their wishes after they pass away.
Final Thoughts
Inheriting under a will can be a complex and emotional process, especially when there are disputes or challenges to the will. If you are a beneficiary under a will or are considering creating a will, it is essential to seek the advice of a qualified attorney who can guide you through the process and ensure that your rights are protected.
By understanding the rules of testamentary succession and who cannot inherit under a will, individuals can make informed decisions about their estate planning and ensure that their assets are distributed according to their wishes after they pass away.
Who cannot inherit under a will?
Generally, individuals who cannot inherit under a will include those who have been specifically excluded by the testator (the person making the will), such as a spouse who has been divorced or a child who has been disinherited. Additionally, individuals who are not related to the testator by blood or marriage, such as friends or acquaintances, may not be eligible to inherit unless they are specifically named in the will.
It’s also worth noting that some individuals may be barred from inheriting due to their actions or circumstances. For example, a person who has been convicted of murdering the testator or their spouse may be prohibited from inheriting under the will. Similarly, a person who has been declared mentally incapacitated or has abandoned their inheritance may also be ineligible to inherit.
Can a spouse who has been divorced inherit under a will?
Typically, a spouse who has been divorced from the testator is not entitled to inherit under the will, unless the will specifically provides for them. In most jurisdictions, a divorce automatically revokes any provisions in the will that benefit the former spouse, unless the will specifically states otherwise. However, it’s essential to review the will and the applicable laws in the jurisdiction to determine the specific rules and exceptions that may apply.
It’s also important to note that some jurisdictions may have laws that protect the rights of a former spouse, such as laws that provide for a minimum inheritance or require the testator to provide for their former spouse in the will. In these cases, the former spouse may still be entitled to inherit under the will, even if they have been divorced.
Can a child who has been disinherited inherit under a will?
A child who has been specifically disinherited in a will is generally not entitled to inherit under the will. However, there may be exceptions and limitations to this rule, depending on the jurisdiction and the specific circumstances. For example, some jurisdictions may have laws that require a testator to provide for their children in the will, or that provide for a minimum inheritance for children.
Additionally, a child who has been disinherited may still be entitled to inherit under certain circumstances, such as if the will is found to be invalid or if the testator’s intentions are unclear. In these cases, the child may be able to challenge the will and seek a share of the estate. It’s essential to review the will and the applicable laws in the jurisdiction to determine the specific rules and exceptions that may apply.
Can a person who has been convicted of a crime inherit under a will?
A person who has been convicted of a crime may still be entitled to inherit under a will, unless the will specifically excludes them or the applicable laws in the jurisdiction prohibit them from inheriting. However, the specific rules and exceptions that apply will depend on the jurisdiction and the circumstances of the case.
For example, some jurisdictions may have laws that prohibit individuals who have been convicted of certain crimes, such as murder or theft, from inheriting under a will. In these cases, the person may be barred from inheriting, even if they are specifically named in the will. It’s essential to review the will and the applicable laws in the jurisdiction to determine the specific rules and exceptions that may apply.
Can a person who is mentally incapacitated inherit under a will?
A person who is mentally incapacitated may still be entitled to inherit under a will, but their ability to manage their inheritance may be limited. In most jurisdictions, a person who is mentally incapacitated is not considered competent to manage their own affairs, and a court-appointed guardian or conservator may be required to manage their inheritance on their behalf.
However, the specific rules and exceptions that apply will depend on the jurisdiction and the circumstances of the case. For example, some jurisdictions may have laws that provide for the appointment of a guardian or conservator to manage the inheritance of a mentally incapacitated person, while others may have laws that allow the person to inherit but limit their ability to manage their inheritance.
Can a person who has abandoned their inheritance inherit under a will?
A person who has abandoned their inheritance may still be entitled to inherit under a will, but their ability to claim their inheritance may be limited. In most jurisdictions, a person who has abandoned their inheritance is considered to have forfeited their right to inherit, unless the will specifically provides for them.
However, the specific rules and exceptions that apply will depend on the jurisdiction and the circumstances of the case. For example, some jurisdictions may have laws that provide for a time limit within which a person must claim their inheritance, while others may have laws that allow a person to reclaim their inheritance under certain circumstances.
Can a person who is not a citizen inherit under a will?
A person who is not a citizen of the jurisdiction in which the will is probated may still be entitled to inherit under a will, unless the will specifically excludes them or the applicable laws in the jurisdiction prohibit them from inheriting. However, the specific rules and exceptions that apply will depend on the jurisdiction and the circumstances of the case.
For example, some jurisdictions may have laws that restrict the ability of non-citizens to inherit certain types of property, such as real estate or securities. In these cases, the person may be able to inherit, but their ability to manage or transfer the property may be limited. It’s essential to review the will and the applicable laws in the jurisdiction to determine the specific rules and exceptions that may apply.