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Freddie Lombard
Freddie Lombard, Attorney
Category: South Africa Law
Satisfied Customers: 2458
Experience:  Practicing attorney and conveyancer with 16 years post article experience.
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Myself and my sister are the blood children of my father the

Customer Question

Myself and my sister are the blood children of my father the recently deceased. He has a wil dated July 2014 which at that stage left everything to his then girlfriend of 11 months
JA: OK. The Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: My father commuted suicide
JA: Please give me a bit more information, so we can help you best.
Customer: We wish to know if there are any grounds on which to contest the will
JA: Is there anything else the Lawyer should be aware of?
Customer: There are many circumstances surrounding the matter such as the fact that myself and my sister were not on speaking terms with the deceased due to his choice of partner amongst other things.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and connect you two.
Submitted: 9 months ago.
Category: South Africa Law
Expert:  Freddie Lombard replied 9 months ago.

Hi there

Thank you for your question. I will try to assist you in answering it today but please feel free to ask as many follow up questions as you like until you are 100% satisfied.

I am sorry to hear about the passing of your father.

I presume that you want to know if you can challenge the will?

This is not an easy thing to do in SA. There are a couple of formal requirements that a will must have in order to be valid. You can click here and here to view these requirements.

A will can be challenged on the basis that the testator was unduly influenced to leave something in his will to someone or on the basis that he was not of sound mind (capacity) at the time when he made the will. If it can be proved that someone had something to do with the death of the testator, he/she will also not be able to inherit from the deceased.

Fraud is also a basis on which a will can be challenged.

All of these are very difficult to prove and you will need expert medical, forensic & other evidence to prove it.

Apart and irrespective of the provisions of the will, a person's estate can also be sued for maintenance by someone who has a maintenance need and for whom the deceased had to provide fore i.e. a minor child or wife etc.

I hope this answered your question.

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Regards