Disputing a Will

For a will to be valid it must satisfy parameters laid down by probate law and if it fails to do so it can be held to be invalid. There are time limits relating to these issues and legal advice should be taken as soon as possible after the issue arises. A potential beneficiary can take action contesting a will if it does not satisfy any of the following requirements:-

•  it must be made by a person over the age of 18 years;
•  it must be made willingly without undue influence from another person;
•  the testator must be of sound mind and fully aware of the meaning of the document;
•  it must be signed by the testator in the presence of two witnesses who must also sign;
•  the witness should not also be a beneficiary or they will lose their own inheritance.

Lost Wills

It does sometimes happen that an original will is lost and the executor may attempt to prove a copy of the will and obtain a grant of probate. These probate law applications to the High Court are sometimes challenged by beneficiaries of earlier wills who are not included in the subsequent will who attempt to prove that the will was not lost but was destroyed by the testator during their lifetime thereby invalidating the later will which would mean that the earlier will would be proved. Contesting a will is not a simple matter and inevitably detailed evidence supported by witnesses or documentation will be necessary to prove a contested claim.

Dependants

If a testator fails to make provision for a dependant then that person who may be a partner, a minor or a mentally disabled person is entitled to take action in the courts on the basis that the deceased had a responsibility to them which was not discharged.