will a contract be valid if a person dies with a will?
common-law wife not included in man’s will but he has signed a contract to give half ownership of house they live in to common-law wife. He has a valid will which states that all his assets be devided between his kids leaving a little more to the youngest which is the only girl.
Will the contract be valid even if its not in the will?
There is nothing like common-law marriage in South African law. It is not recognised. Our courts have held that the intentions of the testator must be given full effect to when a valid Will is being interpreted. Importantly, the requirements for a valid contract differs substantially from that of a Valid Will. However, if the she feels so strongly about her position in respect of the written document, she can bring application at the court to challenge the Will.