Question

Principle: Everyone shall be permitted to take advantage of his own wrong.
Facts: A legatee was heavily drunk and driving his car at a speed of 100 Km/per hour in a crowded market. All of a sudden his testator came on the road. There were other people on the road at that time. The car driven by legatee hit the testator and four other persons. All the five persons hit by the car died.

• A. The legatee can take the benefit under the will
• B. The legatee cannot take the benefit under the will
• C. The legatee will be punished
• D. The property of the testator will go to his heirs

Hint:

Even when wrongful acts are involved, a legatee can inherit if the benefit is not directly linked to the wrongful act.

Answer 1

The Correct Option is A

According to the principle that a person cannot take advantage of their own wrong, it is clear that the legatee, having committed a wrongful act by causing the death of the testator, cannot inherit the benefits from that particular wrongful act. However, the legatee can still take the benefit under the will as long as the benefit is not linked to the wrongful act. In this case, since the legatee did not directly benefit from the death but from the will, they are still entitled to the benefit under the will.
Thus, the correct answer is (A). The legatee can take the benefit under the will.
Option (B) is incorrect because the principle does not invalidate the legatee's rights under the will unless the benefit was gained through the wrongful act. Option (C) is incorrect as the legatee is not automatically punished by the act alone unless proven otherwise in court. Option (D) is incorrect because the property is meant to be inherited by the legatee under the will unless there is a legal hindrance due to the wrongful act.