LAST WILL AND TESTAMENT
my late husband didn’t sign the second of a three page will. how can i contest this will, as his previous will states that his ex-wife will inherit his estate. Whereas she already received a house from their divorce.
Hello Jenny. A Will is not valid if each page is not signed by the testator (maker) with two witnesses present and signing too. These are requirements of the Wills Act 7 of 1953. On the face of this will, it is invalid and cannot be contested.
If you are married in community of property, you are entitled to half the estate in the final liquidation and distribution account. That is before all other beneficiaries in the will are catered for.
if a Will is invalid then it means the person died without a will ( intestate ) and the rules of intestate succession applies. Before such rules are applied, marriage in community of property still entitles you to half the residue of the estate before distribution.