Challenging a Will: Can a Child Contest a Will if Excluded?
The death of a parent can be emotionally overwhelming, and discovering that you’ve been left out of their will can add another layer of distress. In South Africa, the question of whether a child can contest a will if excluded is both sensitive and legally complex. At Burger Huyser Attorneys, we provide expert legal support in estate disputes, including will challenges and inheritance claims.
South African law upholds freedom of testation—meaning a person can leave their estate to whoever they choose. However, this right is not absolute. Under specific circumstances, children who are excluded from a will may have legal grounds to contest it. Understanding your rights and the legal procedures involved is crucial, and our team is here to guide you through it.
What Are The Legal Grounds for Contesting a Will in South Africa?
At Burger Huyser Attorneys, we assist clients with inheritance disputes, including cases where children believe they have been unfairly left out of a will. While being excluded is not automatically grounds for a challenge, there are situations where the law allows a contest.
Lack of Testamentary Capacity
A will can be contested if the testator (the person who wrote the will) was not of sound mind at the time it was created. If there is evidence that the testator lacked mental capacity due to illness, dementia, or undue influence, a child may have grounds to challenge the will. Our attorneys help investigate such claims and prepare the necessary legal documents to support your case.
Undue Influence or Coercion
If a child believes the testator was pressured or manipulated into excluding them from the will, they may have a valid claim. At Burger Huyser Attorneys, we help you identify instances of undue influence and present these findings to the court. These claims require substantial evidence, and our legal team has the expertise to guide you through the process.
Maintenance Claims Under the Maintenance of Surviving Spouses and Dependants Act
Even if a child is lawfully excluded from a will, they may still be able to claim maintenance from the deceased estate under specific legislation. If the child was financially dependent on the deceased, the law provides an avenue to claim reasonable maintenance. Burger Huyser Attorneys assists clients in preparing and lodging these claims to ensure dependants are not left destitute.
How Burger Huyser Attorneys Assists with Will Disputes
Challenging a will requires careful legal strategy and clear evidence. At Burger Huyser Attorneys, we offer comprehensive legal services in deceased estates, inheritance disputes, and maintenance claims. Our legal team provides:
- Professional consultations to assess your eligibility for contesting a will
- Drafting and submission of legal documents to the High Court
- Representation in estate-related litigation
- Guidance through maintenance claims for financially dependent children
Whether your case involves an unclear will, allegations of undue influence, or a claim for maintenance, we are here to help you assert your rights through every legal avenue available.
Protect Your Rights – Consult with Burger Huyser Attorneys
If you are asking, “Can a child contest a will if excluded in South Africa?” the answer is: it depends on the specific circumstances. The legal process can be complex, but with the right legal support, you may have a valid claim to the estate. At Burger Huyser Attorneys, we are committed to helping you seek justice, clarity, and peace of mind during a challenging time.
Don’t wait until it’s too late to act. If you’ve been left out of a will and believe you have grounds to contest it, reach out to our experienced legal team today. Let us help you navigate your inheritance rights with confidence and compassion.
Contact Burger Huyser Attorneys, and book a consultation.
To speak to one of our experienced attorneys in South Africa for immediate assistance, contact us on the numbers below:
Randburg call 061 516 6878; Roodepoort call 061 516 0091; Sandton call 064 555 3358;  Pretoria call 064 548 4838;
Centurion call 061 516 7117; Alberton call 061 515 4699; Bedfordview call 061 536 3223
DISCLAIMER: Information provided in this article does not, and is not intended to constitute legal advice. READ MORE
