Tandi, a widower, asked his daughter-in-law, Sally, who is married to his son, Charlie, to draft a will for him.

In the will he provides that an amount of R200 000 goes to his son Charlie and that the residue of the estate is to be divided in equal shares among his three children, Bongani, Charlie and Dillon.

After Sally had typed the will, Tandi signed the will in the presence of all his children and his friends, Fred and Gina. Charlie and Gina then signed the will as witnesses.

When Tandi died, he was survived by his three children only and left no other relatives. His estate amounted to R400 000. Dillon and Bongani are unhappy that Charlie will inherit a greater share of the estate.

Choose the scenario that is applicable to these facts if Charlie cannot afford to get a court order:

Question

Tandi, a widower, asked his daughter-in-law, Sally, who is married to his son, Charlie, to draft a will for him.  
 
 In the will he provides that an amount of R200 000 goes to his son Charlie and that the residue of the estate is to be divided in equal shares among his three children, Bongani, Charlie and Dillon.  
 
 After Sally had typed the will, Tandi signed the will in the presence of all his children and his friends, Fred and Gina. Charlie and Gina then signed the will as witnesses. 
 
 When Tandi died, he was survived by his three children only and left no other relatives. His estate amounted to R400 000. Dillon and Bongani are unhappy that Charlie will inherit a greater share of the estate. 
 
 Choose the scenario that is applicable to these facts if Charlie cannot afford to get a court order:

Answer

Charlie is disqualified from inheriting because he signed the will as a witness and may not inherit anything from the estate.

Answer

Charlie is disqualified from inheriting because he signed the will as a witness but, in terms of section 4A of the Wills Act 7 of 1953, he may inherit R200 000 because Fred was also present when the will was signed.

Answer

Charlie is disqualified from inheriting because he signed the will as a witness but, in terms of section 4A of the Wills Act 7 of 1953, he may inherit R200 000 if he can prove to the Master that he did not unduly influence Tandi.

Answer

Charlie is disqualified from inheriting because he signed the will as a witness but, in terms of section 4A of the Wills Act 7 of 1953, he may inherit R133 333 as his intestate share.

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Tandi, a widower, asked his daughter-in-law, Sally, who is married to his son, C...

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