Originally published: 2 November 2017 | Last updated: 28 August 2025
TL;DR: A Will in South Africa can be contested on grounds including improper execution, lack of mental capacity, undue influence, fraud, and failure to provide for dependants. Only persons with legal standing can contest. The best protection is a properly executed Will that complies with the Wills Act 7 of 1953. Learn more about the detailed grounds for contesting.
TL;DR: South African law allows people to challenge a Will through various grounds which include incorrect Will execution and mental incompetence and forced influence and deceptive practices and insufficient support for family members. Only persons with legal standing can contest. A Will that follows all requirements of the Wills Act 7 of 1953 will provide the best protection. Learn more about the detailed grounds for contesting.
What Are the Most Common Reasons for Contesting a Will?
Improper Execution
The process for contesting a Will in South Africa allows interested parties to challenge either the entire Will or specific parts which they believe to be invalid. You can build a Will which will withstand legal challenges when you understand the main reasons why people fight over Wills.
Lack of Testamentary Capacity
The Will does not meet the requirements of the Wills Act 7 of 1953. Missing signatures, insufficient witnesses, or witnesses who are beneficiaries.
Undue Influence
The testator was not of sound mind when the Will was signed. The list includes three conditions which impact mental ability: dementia and Alzheimer’s and other related diseases.
Fraud or Forgery
Someone forced the testator through pressure or manipulation to create particular provisions in their will. The Will was subject to forgery and forced changes and obtained through deceptive means.
Failure to Provide for Dependants
The Will does not provide enough support for the surviving spouse and minor children which breaks the rules established by the Maintenance of Surviving Spouses Act.
How to Prevent Your Will From Being Contested
- The Wills Act signing requirements demand you to follow them without any deviation. Use straightforward language which contains no ambiguous terms. People should undergo medical capacity assessments when they need to sign documents. You should make changes to your Will at least once every few years. The document needs to explain why you distributed your assets in ways which differ from standard practice.
- Only persons with legal standing. Typically beneficiaries, potential beneficiaries, or those who would inherit under intestate succession.
- No fixed statutory time limit, but unreasonable delay can be a defence against the claim.
- Update your Will regularly
- Include an explanation for unusual distributions
Frequently Asked Questions
Who can contest a Will in South Africa?
Only persons with legal standing. Typically beneficiaries, potential beneficiaries, or those who would inherit under intestate succession.
Is there a time limit to contest a Will?
No fixed statutory time limit, but unreasonable delay can be a defence against the claim.
He has over 20 years of experience helping people to write their Will and other estate planning documents. He has been interviewed by many of the major news media outlets and has contributed to articles in most leading publications. He has also contributed to a number of financial planning books.
Throughout his career, Tim has written extensively on the subject of Will writing and estate planning.
