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There is a common misconception that a will is such a powerful document that nothing and no one can reverse and/or question the last wishes as laid out. This misconception has led to numerous legal battles, animosity among family and actual physical blows.
People believe that there is a power that comes with a will that allows them to laud over relatives who are not named as beneficiaries. This is not so. A will can be questioned, can be contested, can be set aside and certain gifts can be reversed or deemed void.
Within the last week, I have noted two court decisions reported in our newspapers. One stemmed from the Court of Appeal and the other from the High Court. Both matters carried the same subject line: wills. The wills in question were challenged due to various concerns. Over time, I have written about the difference between documents being prepared by an attorney versus a Commissioner of Affidavit or a Justice of the Peace. This has always been a matter of concern, as I am well aware that a will can be successfully challenged if essential steps are not considered and followed.
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