Danielz N.O v De Wet and Another; De Wet and Danielz N.O and Another (2944/06)
Danielz N.O v De Wet and Another; De Wet and Danielz N.O and Another (2944/06) [2008] ZAWCHC 35; [2008] 4 All SA 549 (C) 2009 (6) SA 42 (C) (19 June 2008)
The court found that Mrs. De Wet, having conspired to grievously assault the deceased and actively facilitated the attack, is unworthy to benefit from the life insurance policies or the deceased's estate. Public policy precludes her from claiming the proceeds, even though she did not intend or foresee the death. The maxim excluding unworthy heirs applies, and her conduct offends the boni mores of society. The court further held that the proceeds of the policies do not form part of the joint estate, as the rights only arise upon death, which terminates the joint estate. Additionally, Mrs. De W…
Source excerpt
- Insurance Beneficiary Entitlement
- Public Policy Exclusion
- Prescription Of Claims
- Unworthiness To Inherit