Know Your Rights: Valid Grounds to Dispute a Will in SA
Challenging a will is not a decision taken lightly, especially during a time of loss. In South Africa, the law allows for the contesting of a will under specific legal grounds. Whether you’re concerned about the validity of a will, undue influence, or the mental capacity of the testator, it’s important to understand your rights. At Burger Huyser Attorneys, we specialise in estate law and provide professional legal guidance for those who have valid grounds to contest a will in South Africa.
We understand that disputes around wills can be emotionally and legally complex. Our goal is to help you navigate these challenges with clarity, professionalism, and a strong legal strategy tailored to your case.
Main Legal Reasons to Challenge a Will
Contesting a will is only permitted under certain conditions defined by South African law. If you believe a will is invalid, it’s essential to consult an experienced legal team that can assess your situation and advise whether your case has merit. At Burger Huyser Attorneys, we focus on the following legal grounds when assisting clients in challenging a will.
Lack of Testamentary Capacity
One of the most common reasons to contest a will is the testator’s lack of mental capacity at the time the will was made. South African law requires that the person creating the will must understand the nature of their actions and the consequences thereof. If a person was suffering from a mental illness or condition that impaired their judgment, this may be grounds to have the will declared invalid.
Undue Influence or Coercion
If the testator was pressured or manipulated into drafting or amending their will, this could constitute undue influence. Such coercion may come from family members, caregivers, or other individuals who stand to benefit from the will. At Burger Huyser Attorneys, we investigate claims of undue influence and help our clients present a strong case with supporting evidence.
Will Not Properly Executed
Wills must comply with formal requirements set out in the Wills Act. These include the will being signed by the testator and witnessed by two competent witnesses. If these procedures are not properly followed, the will could be rendered invalid. We assist clients in evaluating whether these formalities were correctly observed and advise on how to proceed if they weren’t.
Fraud or Forgery
A will that has been altered or forged can be challenged in court. Fraudulent changes or falsified signatures undermine the legal validity of a will. Our legal team works closely with handwriting experts and forensic professionals when necessary to support such claims.
Why Choose Burger Huyser Attorneys for Will Disputes?
At Burger Huyser Attorneys, we understand the sensitivity involved in will disputes and estate litigation. We approach every case with compassion and discretion while offering strategic legal solutions backed by years of experience in South African inheritance law.
Our attorneys offer comprehensive estate litigation services, from initial consultation to representation in court. We aim to resolve matters efficiently, but we are fully prepared to litigate when necessary to protect your legal rights.
With offices conveniently located and a reputation for effective results, Burger Huyser Attorneys is the trusted name when it comes to contesting a will in South Africa.
Take Action Today – Speak to a Legal Professional
If you believe you have grounds to contest a will in South Africa, don’t delay seeking legal advice. Time is a critical factor in estate disputes. At Burger Huyser Attorneys, we are ready to listen, assess your case, and help you take the appropriate steps toward a fair and just outcome.
Contact us today to schedule a consultation with one of our experienced estate attorneys. Let us help you ensure that your loved one’s final wishes were truly their own, and that justice is served in their legacy.
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
