What is contest a will?
A will contest, in the law of property, is a formal objection raised against the validity of a will, based on the contention that the will does not reflect the actual intent of the testator or that the will is otherwise invalid.
How Much Does It Cost To Contest A Will In South Africa?
In NSW, the average cost to contest a will is about R75828.23 to R151656.47 if the matter stays out of court.
If the matter goes to court, the average cost to contest a will is about R303312.94 –R1516564.68. Most lawyers charge R4549.69 to R12890.80 per hour.
How does one contest a will?
To contest the will, you need a valid reason.
You need to reasonably prove the testator lacked the mental capacity to understand what was going on when the current will was signed, was pressured into changing it or that the will failed to meet state regulations and is thus not legal.
Who pays legal costs when contesting a will?
The second consideration for costs of contesting a will in NSW is the costs implications of commencing and running an unsuccessful claim before the Courts.
It is usual for the Court to order that the unsuccessful party pays the successful party’s legal costs, which can amount to tens of thousands of dollars.
What type of will Cannot be contested in South Africa?
A revocable living trust allows you to place all of your assets into a trust during your lifetime. A trust does not pass through the court for the probate process and cannot be contested in most cases.
Revocable living trusts remain private, so if someone is not listed in it, they are not privy to the details of it
How do you stop a will being contested?
Make sure your will is properly executed.
Explain your decision.
Use a no-contest clause.
Prove competency.
Video record the will signing.
Remove the appearance of undue influence.