Your Will: Exclusion from Inheriting if You Cause the Testator’s Death

This 3-part series on your will outlines certain important points to ensure your will is drafted in accordance with the laws relating to the drafting of Wills.

This is the third topic discussing what happens when a beneficiary has intentionally been the cause of the testator’s death.

If a beneficiary of a will has either directly, or indirectly caused the death of the testator, they will not inherit from their will even though it may stipulate that they would. For example, where a person is killed as a result of their spouse hiring hitmen to do so, they will not benefit from the will.

There are, of course, legal processes to follow in order determine that this is the case. There may also be complications around what happens to assets and benefits in the case where a beneficiary has been excluded from inheriting, and whether or not this person was the spouse.

In summary, it’s vitally important to have a qualified legal professional draft your will, and for you to ensure it is kept up to date, allowing for any changes in circumstances.

So you need think further than your current circumstances and make sure that your will provides for any significant changes, and also of course that you keep your will updated.

[Read the first article on the importance of witnesses here, and the second on the consequences of divorce on your will here].

Contact us for assistance in drafting your will

Shaun Benater

Experienced private client attorney/solicitor
- 9 Years (PQE) Legal experience, advising & representing private clients
- Attorney & Notary Public (RSA)
- Solicitor (England & Wales)
- LLB, LLM degrees

https://www.linkedin.com/in/shaunbenater/
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Common Clauses Found in Prepared Wills

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Your Will: Consequences of Divorce on Your Will