Originally published: 2 November 2017 | Last updated: 28 August 2025<\/p>\n\n\n\n

TL;DR:<\/strong> 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<\/a>.\n<\/p>\n<\/div><\/section>\n\n\n\n

\n\nTL;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.\n\n<\/p>\n\n\n\n

What Are the Most Common Reasons for Contesting a Will?<\/h2>\n\n\n\n

Lack of Testamentary Capacity<\/h3>\n\n\n\n
\nThe Will does not meet the requirements of the Wills Act 7 of 1953. Missing signatures, insufficient witnesses, or witnesses who are beneficiaries.\n<\/p>\n\n\n\n

Undue Influence<\/h3>\n\n\n\n
\nThe testator was not of sound mind when the Will was signed. The list includes three conditions which impact mental ability: dementia and Alzheimer\u2019s and other related diseases.\n<\/p>\n\n\n\n

Fraud or Forgery<\/h3>\n\n\n\n
\nSomeone 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.\n<\/p>\n\n\n\n

Frequently Asked Questions<\/h2>\n\n\n\n

Who can contest a Will in South Africa?<\/h3>\n\n\n\n
\nOnly persons with legal standing. Typically beneficiaries, potential beneficiaries, or those who would inherit under intestate succession.\n<\/p>\n\n\n\n

Is there a time limit to contest a Will?<\/h3>\n\n\n\n
\nNo fixed statutory time limit, but unreasonable delay can be a defence against the claim.\n\n<\/p>\n\n\n\n

What Are the Most Common Reasons for Contesting a Will?<\/h2>\n\n\n\n

Lack of Testamentary Capacity<\/h3>\n\n\n\n\nThe Will does not meet the requirements of the Wills Act 7 of 1953. Missing signatures, insufficient witnesses, or witnesses who are beneficiaries.\n<\/p>\n\n\n\n

Undue Influence<\/h3>\n\n\n\n\nThe testator was not of sound mind when the Will was signed. The list includes three conditions which impact mental ability: dementia and Alzheimer\u2019s and other related diseases.\n<\/p>\n\n\n\n

Fraud or Forgery<\/h3>\n\n\n\n\nSomeone 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.\n<\/p>\n\n\n\n

Frequently Asked Questions<\/h2>\n\n\n\n

Who can contest a Will in South Africa?<\/h3>\n\n\n\n\nOnly persons with legal standing. Typically beneficiaries, potential beneficiaries, or those who would inherit under intestate succession.\n<\/p>\n\n\n\n

Lack of Testamentary Capacity<\/h3>\n\n\n\n
\nThe Will does not meet the requirements of the Wills Act 7 of 1953. Missing signatures, insufficient witnesses, or witnesses who are beneficiaries.\n<\/p>\n\n\n\n

Undue Influence<\/h3>\n\n\n\n
\nThe testator was not of sound mind when the Will was signed. The list includes three conditions which impact mental ability: dementia and Alzheimer\u2019s and other related diseases.\n<\/p>\n\n\n\n

Fraud or Forgery<\/h3>\n\n\n\n
\nSomeone 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.\n<\/p>\n\n\n\n

Who can contest a Will in South Africa?<\/h3>\n\n\n\n
\nOnly persons with legal standing. Typically beneficiaries, potential beneficiaries, or those who would inherit under intestate succession.\n<\/p>\n\n\n\n