A Will is a written legal document that outlines the terms of property inheritance by legal heirs, along with the distribution of shares among the beneficiaries. While it is not required, it is recommended that the document be registered under the Indian Registration Act to enhance it as strong legal proof.
Regardless, you can contest the legitimacy of a Will. The courts follow the Will since the testator is no longer there to oppose himself. Nevertheless, if you have enough grounds and supporting documentation, you will be able to persuade the court.
What factors should be explored before challenging a will?
Examine the legal fees and examine all financial factors before contesting the Will. Be cautious about committing your time and effort because the procedure may be lengthy and difficult. Obtain legal counsel to determine your odds of success in the legal struggle.
What are some of the reasons for contesting a will?
A will can be contested if it lacks essential legal components. It must be a written contract written in the presence of two witnesses by the testator. The Will should be signed since a new Will with a later date will render the existing one null and worthless.
Inadequate testamentary purpose
A Will can be challenged if it can be demonstrated that the testator did not intend to form a Will. This plea, though, is difficult to substantiate.
Inadequate testamentary capacity
Persons over the age of 18 can form a Will because they have the testamentary ability. A will can be contested if the testator lacks testamentary ability. This suggests that the testator was unaware of the implications of creating and signing the Will. You must demonstrate that the testator lacked mental ability, was not in a healthy mental condition, or was under the effects of a substance.
A challenger might claim that the testator signed the Will under duress or unreasonable pressure from a third party.
General lack of awareness or consent
A Will can be challenged if it can be demonstrated that the testator did not comprehend the provisions of the Will when he or she signed it.
Forgery or fraud
The Will can be challenged if the challenger can show that it was signed fraudulently or was forged, which implies it was not signed by the testator.
Disclaimer: The views expressed above are for informational purposes only based on industry reports and related news stories. PropertyPistol does not guarantee the accuracy, completeness, or reliability of the information and shall not be held responsible for any action taken based on the published information.