A will is a legal document that outlines a person's wishes regarding the distribution of their assets after their death. The validity of a will is determined by the Wills Act 7 of 1953. The validity of a will is important to ensure that the deceased's wishes are respected and that their assets are distributed according to their instructions. However, there are instances where the validity of a will may be contested, particularly where there are concerns about the testator's mental capacity, undue influence, fraud, or technical errors in the drafting of the will. This article provides a legal analysis of the grounds for contesting the validity of a will in South Africa.

Mental Capacity

One of the most common grounds for contesting the validity of a will is the testator's mental capacity at the time of drafting the will. In South Africa, the legal test for mental capacity is whether the testator understood the nature and effect of their act of making the will, the extent of the property they were disposing of, and the claims of those who might reasonably have expected to benefit from the will. If there are concerns about the testator's mental capacity, a court may order an investigation to determine whether the testator had the necessary mental capacity to make a valid will. If it is established that the testator lacked the necessary mental capacity, the will may be declared invalid.

Undue Influence

Undue influence is another ground for contesting the validity of a will in South Africa. Undue influence occurs when the testator was coerced or manipulated into making the will. For example, if the testator was under the control of a family member or caregiver who influenced them to make the will in their favour, the validity of the will may be contested. To prove undue influence, the party contesting the will must prove on a balance of probabilities that the testator was vulnerable to influence, that the influencer had the opportunity to exert influence, and that the influencer actually exercised undue influence over the testator. If it is established that the testator was unduly influenced, the will may be declared invalid.

Fraud

Fraud is another ground for contesting the validity of a will in South Africa. Fraud occurs when the testator was deceived into making the will. For example, if someone fraudulently induced the testator to sign the will by misrepresenting its contents, the validity of the will may be contested. To prove fraud, the party contesting the will must show that the testator was deceived, that the deception related to a material fact, and that the testator would not have made the will if they had known the truth. If it is established that the testator was deceived by fraud, the will may be declared invalid.

Formality requirements not met/ Technical Errors.

Technical errors in the drafting of the will may also be grounds for contesting its validity. For example, if the will was not signed or witnessed in accordance with the legal requirements as per the Wills Act, the validity of the will may be contested. To prove technical errors, the party contesting the will must show that there was a failure to comply with the legal requirements for the drafting, signing, and witnessing of the will. If it is established that there were technical errors, the will may be declared invalid.

Conclusion

In conclusion, the validity of a will is important to ensure that the wishes of the testator are respected, and their assets are distributed according to their instructions.