How Do You Contest a Will or Deceased Estate in South Africa?

When someone passes away, what happens to their belongings, money, and property can lead to disputes. This is especially true if family members or heirs feel the will is unfair, invalid, or was influenced improperly. South African law provides clear ways to challenge (contest) a will or the administration of a deceased estate, but the rules are strict to protect the true wishes of the deceased.

When Can You Contest a Will?

You cannot challenge a will simply because you don’t like its contents. South African law allows you to contest a will only under specific circumstances, including:

• Lack of Mental Capacity: If the deceased (the testator) wasn’t of sound mind when signing the will.
• Undue Influence/Coercion: If someone pressured or manipulated the deceased into changing their will.
• Fraud or Forgery: If you suspect the will is fake, includes forged signatures, or was signed under false pretences.
• Failure to Follow Formalities: The will must be in writing, signed by the testator, and signed in front of two competent witnesses. If these rules weren’t followed, it’s invalid.

Who Can Contest?

• Heirs or Beneficiaries: Those named in the will or those who would inherit if there was no will (for example, close family members).
• Interested Parties: People who believe they should have inherited, creditors, or anyone with a direct interest in the estate.

Step-by-Step: How Do You Contest a Will or Estate?

1. Lodge an Objection with the Master of the High Court

• File a written objection explaining why you believe the will or the estate administration is invalid. Attach any evidence you have (medical records, correspondence, proof of undue influence, etc.).

2. Place a Caveat (Hold) on the Estate

• This legal notice tells the Master and executor not to distribute assets until the dispute is settled. It prevents heirs from getting their share before your concern is addressed.

3. Await Review and a Possible Court Referral

• The Master of the High Court reviews your objection. If the matter isn’t resolved, it can be referred to the High Court for a judge to decide.

4. Go to Court (if needed)

• In court, both sides will present their evidence. If the court agrees the will is invalid, an earlier will may be used, or—if none exists—the estate is divided according to the Intestate Succession Act.

What If There’s No Valid Will?

If the will is thrown out or there was never a valid will, the estate is distributed using a fixed formula set by the Intestate Succession Act 81 of 1987. This law automatically prioritises spouses, children, and close family. In a landmark case, the Constitutional Court ruled that old rules excluding some heirs (like women and children under male-only inheritance) were outdated and unconstitutional.

Example Scenario

Imagine your father passes away, and a new will (signed shortly before his death) leaves everything to his new partner, excluding his children. If you believe he wasn’t of sound mind, or was pressured to sign, you can lodge an objection with the Master of the High Court. This can halt the estate’s distribution and may lead to a court hearing. If the court finds the will was invalid, inheritance will either follow a previous will or default to the intestate succession law, ensuring children and spouses are still protected.

In Summary

• Only certain grounds—like mental incapacity, undue influence, and legal technicalities—allow you to contest a will or estate.
• The process starts by lodging an objection with the Master of the High Court.
• The estate’s distribution can be paused until the dispute is resolved.
• If successful, either an earlier will applies, or default inheritance rules are followed.
• Early legal advice is vital to protect your interests.

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