How do I contest a will?

Object during estate administration - to the Master for administrative issues, or in the High Court for substantive challenges. Grounds: invalid execution, lack of capacity, undue influence, forgery. Evidence and timing are critical.

Can a spouse be disinherited?

Partially. A spouse may have an accrual claim (if married with accrual), a maintenance claim under the Maintenance of Surviving Spouses Act, or a share of pension interests. Dominion to dispose of assets freely is not unlimited.

What if the executor is dishonest?

Apply to the Master for removal. If the Master refuses, apply to the High Court. Dishonest or negligent executors can be personally liable for losses caused. Bond (security) is usually required on appointment to cover this risk.

Estate & Inheritance Disputes Attorneys

Challenging wills, disputed L&D Accounts, and beneficiary claims. Browse 399 LPC-registered attorneys across South Africa.

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Reviewed by the Justibly editorial team·Updated April 2026

Estate disputes arise over will validity, interpretation, the L&D Account, intestate succession, and accrual claims. Wills can be challenged on grounds of invalid execution, lack of testamentary capacity, undue influence, or fraud. Beneficiaries who feel short-changed can object to the L&D Account during the 21-day inspection period. Disputes often head to the High Court on notice of motion or by summons.

When to hire a estate & inheritance disputes attorney

A will has been presented to the Master that you believe is invalid.
You have been left out of a will and believe you should inherit.
The L&D Account is inaccurate, biased, or undervalues assets.
The executor is acting unreasonably or has a conflict of interest.
An accrual claim needs to be quantified or defended on death of a spouse.

What to expect

Challenges to a will must usually be raised during administration. Objections to the L&D Account are filed with the Master within the 21-day inspection window. Serious disputes (fraud, capacity) go to the High Court. Some matters - like accrual computation - are decided after actuarial evidence.

Typical fees

Objection to L&D Account: R10,000-R40,000. High Court application contesting a will: R80,000-R400,000+. Complex accrual claims: R60,000-R200,000. Costs often paid from the estate if successful.

Legal information, not legal advice. This page provides general information about estate & inheritance disputes in South Africa. It is not a substitute for advice from a qualified attorney. Laws and procedures change - consult a verified attorney for your specific matter.

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What to expect

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