Can a will be contested in South Africa?
By Shephard Dube, LLB · 9 min read · ·
A will can be contested, but only on recognised grounds: the formalities were not met, the testator lacked capacity, undue influence, fraud or forgery, a later will, or a beneficiary who signed as a witness. Unfairness is not a ground, but spouses and dependent children have maintenance claims regardless of the will.
Key points
- A will can be challenged if the Wills Act 7 of 1953 formalities were not met, the testator lacked capacity, or there was undue influence, fraud or forgery.
- A later valid will normally revokes an earlier one, and a beneficiary who signed as a witness generally loses their benefit.
- Unfairness, being left out, or a broken verbal promise are not grounds. Freedom of testation is the starting point.
- A surviving spouse and dependent children have maintenance claims against the estate whether or not the will provides for them.
- Tell the executor and the Master in writing immediately, because the practical deadline is distribution of the estate.
Yes. A will can be contested in South Africa, but only on recognised grounds. You cannot challenge a will simply because it is unfair, because you were left out, or because a parent promised you something they did not put in writing. South African law gives people wide freedom to leave their property to whom they choose. A challenge succeeds when you can show that the document is not a valid will at all, or that it does not reflect what the deceased freely intended. Separately from any challenge, a surviving spouse and dependent children have maintenance claims against the estate that exist no matter what the will says.
The grounds on which a will can be contested
The Wills Act 7 of 1953 sets out what makes a will valid. A challenge usually falls under one of these headings.
The formalities were not met. A will must be in writing, signed by the testator (the person making it) at the end, and signed in the presence of two competent witnesses who are present at the same time and who also sign. Each page should be signed. Witnesses must be 14 or older and able to understand what they are doing. A will that fails these requirements is invalid, unless a court is satisfied that the deceased intended the document to be their will and orders the Master to accept it.
The testator lacked capacity. A person must be able to understand the nature of what they are doing, what they own, and who might expect to benefit. A will made during advanced dementia, in a confused state after a stroke, or under heavy medication can be challenged. The law presumes capacity, so the person challenging must prove the lack of it, usually with medical records and evidence from doctors, carers and family.
Undue influence. If someone pressured, manipulated or isolated the testator so that the will reflects that person's wishes rather than the testator's own, the will can be set aside. Ordinary persuasion is not enough. The influence must have overpowered the testator's free will. Suspicious circumstances, such as a new carer or a recent acquaintance receiving everything, a will drafted by the beneficiary, or a will signed in secret, make the argument stronger but do not prove it on their own.
Fraud or forgery. A forged signature, a page substituted after signing, or a will the testator was tricked into signing is not the testator's will. Handwriting experts and the witnesses' evidence are central.
A later will exists. A later valid will normally revokes an earlier one, either expressly or where the two cannot stand together. If you hold a later will, the Master must be told immediately.
A beneficiary or their spouse signed as a witness. The will remains valid, but the person who witnessed it, and that person's spouse, generally lose any benefit under it. A court can allow the benefit if satisfied that the person did not defraud or unduly influence the testator, and the person keeps what they would have received on intestacy.
What is not a ground
A will is not invalid because it is unequal, because it leaves out a child, because it favours a second spouse over children from a first marriage, or because the deceased said something different in conversation. Verbal promises are not wills. Freedom of testation is the starting point, and the courts protect it.
Where you have been left out, the question to ask is not "can I overturn the will" but "do I have a claim against the estate regardless of the will". A surviving spouse can claim reasonable maintenance under the Maintenance of Surviving Spouses Act 27 of 1990. A child's claim for maintenance against a parent survives the parent's death and is lodged against the estate. Read how to claim maintenance from a deceased estate.
How a challenge works, step by step
- Get a copy of the will. Once the estate is reported, the will is lodged with the Master of the High Court and is a public document. Ask the executor or the Master's office.
- Tell the executor and the Master in writing that you dispute the will and why. The executor must then take care before distributing. The Master can hold the process if a genuine dispute is raised.
- Gather your evidence. Medical records, earlier wills, the drafting attorney's file, statements from witnesses to the signing, and correspondence about the deceased's wishes.
- Get a legal opinion. An attorney will tell you honestly whether the ground is arguable, and that opinion saves a great deal of money.
- Apply to the High Court. A challenge to a will is brought in the High Court, usually by application on affidavit, or by action with oral evidence where the facts are disputed. The executor and all beneficiaries are cited. The court decides whether the will, or part of it, is valid.
- The estate is then wound up under the will the court accepts, or under the earlier will, or under the Intestate Succession Act 81 of 1987 if there is no valid will at all.
You can also object to the liquidation and distribution account when it lies open for inspection at the Master's office, but an objection to the account is not the place to argue that the will is invalid. That argument belongs in court.
A worked example
The figures are illustrative.
Nomsa's father, Vusi, made a will in 2015 leaving his house and savings equally to Nomsa and her brother. In the last year of his life, after a dementia diagnosis, a neighbour began managing his affairs. Three months before he died, a new will appeared, typed, leaving everything to the neighbour. It is signed by Vusi and by the neighbour's daughter and son-in-law as witnesses.
Nomsa has two arguments. The first is capacity: Vusi's clinic records show a diagnosis and a marked decline before the date of signing. The second is undue influence, supported by the neighbour's control over Vusi's money and the fact that the neighbour's own family witnessed the will. The estate is worth about R2 200 000.
Her attorney writes to the executor and the Master, who put the winding up on hold. She obtains the medical records, a report from Vusi's doctor and affidavits from two friends who visited him. The application to the High Court costs her roughly R120 000 in attorney's and counsel's fees to the opposed hearing, some of which she can recover if she wins and a costs order is made. The neighbour settles before the hearing, accepting R150 000 for the care given, and the 2015 will stands.
Had Nomsa waited until after the neighbour had sold the house and spent the money, she would have had a judgment against a person with nothing, and the R120 000 would have been lost.
What to do this week
- Ask the Master for a copy of the will and any earlier wills lodged.
- Write to the executor stating that you dispute the will and asking that no distribution take place.
- Secure evidence that can disappear: medical records, phone messages, the attorney's file, and the names of the witnesses.
- Speak to an attorney for an honest view on whether your ground is arguable, and what it will cost. See what wills and estates work costs.
- Consider a maintenance claim at the same time, if you are a spouse or dependent child, because it does not depend on winning the challenge.
Documents to gather
The disputed will, every earlier will you can find, the death certificate, medical and hospital records for the last years of life, the file of the attorney or bank that drafted the will, contact details for the witnesses, bank statements showing who controlled the deceased's money, and any letters, emails or messages in which the deceased discussed their wishes.
Realistic timeline
Raising the dispute with the Master and executor takes a week. Gathering medical records and witness statements takes one to three months. An unopposed application can be heard within a few months of filing. An opposed matter that goes to trial with expert evidence can take one to three years to reach judgment, depending on the court's roll. The estate is frozen for that time, which is a cost to everyone, and is often why disputes settle.
Common mistakes and what they cost
- Contesting because the will is unfair. The application fails, and you may be ordered to pay the other side's costs, often tens of thousands of rand.
- Waiting until after distribution. Assets are sold and money is spent. Recovering it means suing each heir.
- Not telling the Master. The executor distributes in good faith and you lose your practical remedy.
- Ignoring the maintenance route. A spouse who spends money attacking the will may have had a simpler, cheaper claim under the Maintenance of Surviving Spouses Act.
- Relying on verbal promises. They are not evidence of a will.
If you cannot afford an attorney
The Master's office deals directly with the public and will tell you what has been lodged and where the estate stands. Lodging a written dispute with the Master and the executor costs nothing. Where the estate is small, the Master may deal with it under section 18(3) of the Administration of Estates Act 66 of 1965 by letters of authority rather than through a full executor, and a dispute in that context is often resolved at the Master's office. Legal Aid South Africa on 0800 110 110 applies a means test and may take on some estate matters. University law clinics take estate disputes for people who qualify. A maintenance claim is lodged with the executor first and needs no lawyer at that stage. See our legal aid page. A High Court challenge itself is hard to run without a lawyer, and some attorneys will take a strong case on a deferred fee basis where the estate can pay at the end.
Frequently asked questions
People ask whether there is a deadline to contest a will. There is no fixed period in the Wills Act, but the practical deadline is distribution. Once the account has been confirmed and the assets paid out, you are chasing heirs individually. Move as soon as you know of the problem.
People ask whether an unsigned or badly signed will can be rescued. Sometimes. A court can order the Master to accept a document that fails the formalities if satisfied the deceased intended it as their will. A draft the deceased never approved will not qualify.
People ask what happens if the challenge succeeds. If an earlier valid will exists, it revives and governs the estate. If not, the estate is divided under the Intestate Succession Act, which is explained in what happens if you die without a will.
What it typically costs
Updated Oct 2026| Item | Typical range |
|---|---|
| Drafting a simple will Banks and trust companies often draft for free if you appoint them as executor. Attorneys charge a fixed fee for a simple will. | R0 – R3 500 |
| Drafting a will with a testamentary trust or business provisions More clauses, more consultation time. Foreign assets or a farm push it to the top of the range. | R3 500 – R15 000 |
| Attorney as executor, fixed or capped fee on a simple estate What attorneys commonly agree in place of the full tariff on an uncomplicated estate. Always confirm in writing. | R15 000 – R60 000 |
| Executor's remuneration at the regulated tariff, estate of R1 million to R3 million The regulated fee is 3.5% of gross assets plus 6% of income earned after death, plus VAT if the executor is registered. The Master may reduce it and a will can fix a lower fee. | R35 000 – R105 000 |
| Master's fees on the estate A sliding scale set by regulation based on the gross value of the estate. Nothing is payable on small estates. The scale changes, so check the current figure. | R0 – R7 000 |
| Advertising for creditors and the account lying open Two notices in the Government Gazette and two in a local newspaper. Metropolitan newspapers cost more. | R1 500 – R5 000 |
| Conveyancing of inherited property to an heir Conveyancer's fee plus deeds office fees and clearance certificates. Inheritance transfers are exempt from transfer duty. | R8 000 – R40 000 |
| Redistribution agreement between heirs Drafting the agreement that lets one heir take the house and others take cash or other assets. | R3 500 – R15 000 |
| Contesting or defending a will in the High Court Opposed application with counsel. A trial with expert evidence on capacity or undue influence sits at the top. Costs orders are a real risk. | R80 000 – R500 000 |
Estimates only. Actual fees vary by attorney and complexity.
When you need an attorney
You should speak to an attorney if:
- a new will appeared shortly before death and you suspect lack of capacity, undue influence or forgery
- you hold an earlier or later will that conflicts with the one lodged with the Master
- the executor is also the main beneficiary under the disputed will and is pressing on with distribution
- you are a surviving spouse or dependent child and need to weigh a maintenance claim against a validity challenge
Frequently asked questions
Is there a deadline to contest a will?
Can I contest a will because it is unfair?
What happens if a beneficiary signed the will as a witness?
What happens if the will is set aside?
How much does it cost to contest a will?
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