On what grounds can a will be contested in South Africa?
Contesting a will in South Africa can be a complex procedure. Contesting a will is a serious legal matter, requiring understanding and adherence to specific legal grounds and procedures. For those who believe a will might not reflect the true intention of the deceased, understanding the grounds for contesting and the legal procedures is essential.
This article outlines the essential aspects of will contesting, and it’s always recommended to consult with an experienced will and estate lawyer specialising in South African law to ensure the best outcome.
What are the Legal Grounds for Contesting a Will?
- Lack of Testamentary Capacity
If the person who made the will (the testator) lacked mental capacity at the time of creating it, this could be a valid reason to challenge the will.
- Undue Influence
If someone exerted undue influence over the testator, forcing or coercing them into making specific decisions within the will, it can be contested.
- Fraud or Forgery
If the will was altered or forged, it can be contested.
- Improper Execution
In South Africa, there are specific legal requirements for a will to be valid. If any of these are not met, the will can be challenged.
What is the Procedure for Contesting a Will in South Africa?
- Consult a Probate Lawyer
A probate lawyer with experience in South African inheritance law can guide you through the complex legal procedures.
- File a Formal Objection
This should be done at the Master’s Office, where the will has been submitted.
- Court Proceedings
If the objection is not resolved, the matter may proceed to court, where evidence will be presented.
- Potential Settlement
Sometimes, a settlement can be reached outside of court.
- Costs and Timeframe
Contesting a will can be a lengthy and costly process. It’s essential to consider the potential legal fees and time involved.
Don’t Let Injustice Stand, Contest a Will Today: Contact us to Book a Consult
If you believe that a will does not represent the true wishes of a deceased loved one, or you have concerns about its validity, don’t let injustice stand. Seek professional legal assistance and understand your rights to contest the will. Our experienced team of wills and estates lawyers are ready to help you navigate the complex legal landscape of will contesting in South Africa. Contact PM Attorneys today to set up a consultation and ensure that the legacy of your loved one is honoured appropriately.