How can a Will be challenged?

It is important to note that a Will may be challenged on the basis of the following:

  • Property Relationship Act – where an individual has been in a relationship for at least 3 years (i.e. marriage, civil union and de facto) they are entitled to one half of the 'relationship property' in terms of the Property Relationship Act. However, it is possible to contact out of the Act.
  • Family Protection Act – where a person dies and does not adequately provide for their close family members (e.g. children and spouse) a claim can be made under the Family Protection Act and a portion of the estate may be vested in the claimant(s) by virtue of a court order.
  • Law Reform Testamentary Promises Act – where a person promises someone that they will receive a bequest under their Will in consideration of them performing services (e.g. domestic duties) they can make a claim under this Act if the Will does not provide for them.

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