Short answer. Yes.
Being named in a Will or being the person who would normally inherit if there is no Will does not always guarantee that you will inherit.
In general, a person can be found unworthy to inherit in certain serious circumstances, for example:
The basic principle is simple: you should not be allowed to benefit from intentionally causing the death of the person from whom you stand to inherit.
Trying to manipulate an inheritance through fraud can result in you being declared unworthy to inherit.
A Will must reflect the deceased’s own wishes. If a beneficiary effectively takes over that decision-making through fraud or undue influence, the Will or the benefit given to that person may be challenged.
There is no neat, closed list. Our courts have recognised that particularly serious conduct which offends public policy may, depending on the circumstances, make someone unworthy to inherit.
And if there IS a Will, there is another very important rule:
BE VERY CAREFUL WHO SIGNS AS A WITNESS.
If you are named as a beneficiary in a Will, do not sign that Will as a witness.
A person who signs as a witness, signs on behalf of the testator, or writes out the Will or part of it in their own handwriting may be disqualified from receiving a benefit under that Will.
There are exceptions and a court can, in certain circumstances, declare that person competent to inherit – but that is definitely not a complication you want to leave your family with.
The easy rule?
If someone is receiving anything under your Will, rather let two completely independent people sign as witnesses.
A few minutes of proper advice when your Will is drafted can prevent a very expensive argument after you are gone.
At EJ Attorneys, we can assist with drafting and properly executing your Will so that your wishes are recorded clearly and the formalities are taken care of correctly.