Understanding the Legal Process: Should You Dispute a Will?
When a loved one passes away, the last thing you want to face is the potential complications of a contested will. However, in some cases, contesting a will may be necessary to ensure fairness or protect your inheritance rights. At Burger Huyser Attorneys, we understand the emotional and legal complexities that come with will disputes. Our team is here to help you navigate these challenges with expert legal guidance.
Before you decide whether to contest a will, it’s important to understand the grounds on which you can challenge it and whether it’s the right course of action for your situation. At Burger Huyser Attorneys, we provide comprehensive legal services to help you assess your case and guide you through the process if contesting the will is necessary.
When Is It Worth Contesting a Will?
Contesting a will is a serious decision, and not every dispute over a will will warrant legal action. At Burger Huyser Attorneys, we help our clients determine whether contesting a will is worth pursuing, based on several key factors. Here are some common scenarios where contesting a will might be appropriate:
Lack of Validity – The Will Was Not Properly Executed
A common reason people contest a will is if they believe the will was not executed properly according to the law. For a will to be valid, it must meet certain requirements such as being signed by the testator (the person creating the will) and witnessed by others. If these requirements were not met, the will may not hold legal weight, and contesting it might be the only option.
Undue Influence or Coercion
If the person who wrote the will was coerced or unduly influenced by someone else—whether through manipulation, threats, or pressure—it may be grounds to contest the will. At Burger Huyser Attorneys, we investigate claims of undue influence thoroughly and represent your interests in ensuring that the will reflects the true intentions of the testator.
Lack of Testamentary Capacity
In some cases, individuals may contest a will on the grounds that the testator did not have the mental capacity to make decisions about their estate when the will was written. If a person was suffering from a mental disorder or cognitive impairment at the time of drafting their will, it could be challenged on the grounds of lack of testamentary capacity. Our team can help you understand whether this argument applies to your situation.
How Burger Huyser Attorneys Can Help You Contest a Will
If you’ve decided that contesting a will is necessary, the process can be complex and emotionally taxing. Burger Huyser Attorneys offers expert legal services to assist you through each step of the process. Here’s how we can support you:
Legal Advice and Consultation
Before proceeding with contesting a will, it’s crucial to get sound legal advice. At Burger Huyser Attorneys, we provide thorough consultations to help you understand the strength of your case and the potential outcomes. We’ll discuss the reasons for contesting the will and whether legal action is in your best interest.
Gathering Evidence and Building Your Case
Contesting a will requires clear and convincing evidence to support your claim. Burger Huyser Attorneys will assist you in gathering the necessary documentation and witnesses to build a strong case. We have the legal expertise to identify and present the facts that will support your challenge in court.
Representation in Court
If your will contest goes to court, Burger Huyser Attorneys will provide expert representation to ensure your interests are protected. We will advocate for your case, presenting evidence and making strong legal arguments on your behalf. Our goal is to help you achieve the best possible outcome, whether that involves contesting the will in whole or in part, or reaching a fair settlement outside of court.
Is Contesting a Will the Right Choice for You?
Contesting a will is not a decision to be made lightly. It can be time-consuming, emotionally draining, and legally complex. However, in some cases, it may be the best way to protect your rights and ensure a fair distribution of assets. At Burger Huyser Attorneys, we offer expert guidance to help you assess the merits of your case and make an informed decision about contesting a will.
If you believe you have grounds to contest a will or if you need legal advice about the will-making process, Burger Huyser Attorneys is here to help. Our team is dedicated to providing you with the support you need during these challenging times.
Contact Burger Huyser Attorneys Today
If you’re wondering whether it’s worth contesting a will, don’t face the decision alone. Contact Burger Huyser Attorneys today for a consultation with one of our experienced legal professionals. We’ll assess your case, provide expert legal advice, and support you through every step of the process. Let us help you protect your inheritance and ensure your rights are upheld.
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
