Understanding Who Can Legally Challenge a Will in South Africa
The passing of a loved one is a difficult time, and matters relating to their estate can sometimes lead to disputes. One of the most common questions that arises during this process is: Who can contest a will? In South Africa, the law provides certain individuals with the right to challenge a will under specific circumstances. At Burger Huyser Attorneys, we offer trusted legal guidance in estate and will disputes, helping clients understand their rights and the legal steps involved in contesting a will.
Contesting a will is not about causing unnecessary conflict—it is about ensuring fairness, legality, and that the deceased’s true intentions are honoured. Our legal team is here to help you understand when and how a will can be contested and whether you have the legal standing to do so.
Who Has the Right to Contest a Will in South Africa?
The law does not allow just anyone to dispute a will. Only certain individuals may do so, and only under specific conditions. At Burger Huyser Attorneys, we help determine whether you qualify to contest a will and build a strong legal foundation for your case.
Heirs and Beneficiaries
Heirs who were left out of the will, or whose share of the estate is significantly less than expected, may have grounds to contest it. This includes children, spouses, and other dependents. If you believe you were unfairly excluded or inadequately provided for, we can evaluate your situation and guide you through the necessary legal procedures.
Individuals Named in a Previous Will
If you were named as a beneficiary in an earlier version of the deceased’s will but were removed or reduced in the most recent version, you may have standing to contest the changes—especially if they were made under suspicious circumstances. Burger Huyser Attorneys can help assess whether the latest will complies with legal requirements and whether undue influence may have played a role.
Dependants and Financially Supported Individuals
The law recognises the rights of those who were financially dependent on the deceased at the time of death. If you were reliant on the deceased and are not adequately provided for in the will, you may have a claim under the Maintenance of Surviving Spouses Act or the Maintenance of Dependants Act. We assist dependents in asserting these rights with care and professionalism.
Grounds for Contesting a Will
Understanding who can contest a will also involves examining why a will can be challenged. At Burger Huyser Attorneys, we provide detailed evaluations of wills to determine whether they meet the legal standards for validity. Common legal grounds for contesting a will include:
- Lack of mental capacity of the testator at the time of drafting
- Undue influence or coercion
- Forgery or fraud
- Improper execution or lack of witnesses
- Contravention of legal obligations to dependants
Our experienced legal team can investigate the circumstances surrounding the will’s creation, ensure your rights are protected, and take the appropriate steps to resolve disputes either through negotiation or litigation.
Why Trust Burger Huyser Attorneys with Will Disputes?
At Burger Huyser Attorneys, we understand that disputes over a will can be emotionally charged and legally complex. We provide objective, professional, and compassionate legal support to clients navigating estate disputes. With experience in wills and estate law, we are equipped to advise you on the merits of your case, represent you in court if necessary, and pursue the best outcome for all involved.
We approach each case with sensitivity and dedication, ensuring that the deceased’s wishes are respected and that our clients’ legal rights are upheld. Whether you’re an heir, a dependant, or a previously named beneficiary, we will help you determine your legal standing and guide you through every step of the process.
Don’t Wait – Get Legal Clarity on Contesting a Will
If you’re asking yourself who can contest a will, the best next step is to consult a legal professional. Burger Huyser Attorneys is here to support you through this process with clarity, compassion, and legal expertise.
Don’t let uncertainty or unfairness go unchallenged. Contact us today to schedule a consultation and find out if you have grounds to contest a will. Our dedicated legal team is ready to help you take informed action and protect your interests during a sensitive time.
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
