JOHANNESBURG – Wills are frequently declared invalid by South African courts due to formal errors, incorrect witnesses and lack of proper documentation. This situation leaves families without their rightful inheritance and leads to protracted court battles.
Common Legal Errors That Invalidate Wills
The most common errors include using family members as witnesses, which automatically disqualifies their inheritance. Other critical problems are the omission of signatures on every page of the document and mental health challenges during the drafting of the will.
When a will is lost or destroyed, the court assumes it was deliberately revoked unless there is convincing evidence to the contrary. The estate is then distributed according to the Intestate Succession Act, which often does not correspond with the deceased’s actual wishes.
Consequences of Invalid Wills
Families fight in court for years because wills are not properly drafted. This breaks families apart and costs thousands of rands in legal fees. Children can be left without supervision, pets can end up in animal shelters, and charitable organisations that were meant to benefit receive nothing.
Professional Help Available
Why Are Wills Frequently Rejected by the Court? offers a comprehensive guide on how to avoid these costly mistakes. The article provides practical tips on the correct drafting of an Afrikaans will and explains the critical legal requirements that must be met.
About Eksekuteurs vir Boedels en Testamente
Eksekuteurs vir Boedels en Testamente provides comprehensive testamentary services to South African families. The company’s head office is located at 57 Sloane Street, The Campus, 1st Floor, Roland Garros, Bryanston, Sandton, 2191, Gauteng, with a Pretoria office at 361 Oberon Street, 1st Floor, Block D, Glenfield Office Park, Faerie Glen, Pretoria, Gauteng. For more information, call 010 410 5111.
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