When can a Will be challenged?

02 April 2024 ,  Melody Sithole 32

A Will can be described as a document that expresses the last wishes of an individual about how their property must be distributed when they die. The document must be written, signed and formal. 

The last wishes can be challenged in the following situations:

1. Fraud: When the document is forged and/or if the signature on the Will is forged.

2. Undue influence: When a testator’s ability to express his wishes is affected because he is forced to express the wishes of someone else.

3. A lack of testamentary capacity: When the will is made by someone who lacks the mental capacity to make a will.

4. If the will has not been executed properly: The will is not valid if the requirements set out in section 2 of the Wills Act 7 of 1953 are not met.