What you should know before contesting a will?
Traditionally, contesting a will may be a tough prospect, taking a significant deal of time and cost. Surprisingly, 90% of wills are approved without being disputed. Nevertheless, you may contest a will on four key grounds. And, if you are able to persuade the court, it might be dissolved in its entirety or part.
A person’s will or testament is a legal document that describes the inheritance of property by legal heirs, including the distribution of share among the recipients. While it is not required to register a will, it is usually recommended.
A will registered under the Indian Registration Act provides substantial legal proof; nonetheless, this does not exclude you from challenging its legitimacy. As an issue of fact, a will can be contested on many grounds. A will can be avoided entirely or partially if you successfully convince the Court. Some of the typical reasons to contest a will are:
Fraud or improper influence?
A will can also be contested if it was obtained by forgery, fraud, or undue influence. The term “responsibility” refers to the act of determining whether or not a person is responsible for his or her own actions. When disputing a will on such grounds, you must give sufficient proof in your claim to prove your claim.
Inadequate number of witnesses
To confirm the legitimacy of the will, the testator must sign the document in the presence of at least two witnesses who are over the age of 18. As per the rule in the majority of States, those who have been appointed as witnesses should not be the legal heirs of the property. While half of the states permit handwritten wills, they must be drafted and signed entirely by the testator. Some states even require the date of such wills.
Claims by family
A will can also be contested on the pretext that it does not appropriately provide for a close relative. According to the Hindu Succession Act, the head of a family must pay for the upkeep of certain close family members who are named in the Act.
How can you challenge a will?
A will can be challenged in a variety of ways in a court of law. They are as follows:
- The 1949 Law Reform (Testamentary Promises) Act
- The 1976 Property (Relationships) Act
- The Family Protection Act, 1955
- By questioning the will’s authenticity
As explained by Vineet Nalawalla, Partner, Real Estate, Veritas Legal, “Wills are generally contested on the grounds of duress, deception, undue influence, poor execution, intellectual acuity, and other factors. As we can see, the grounds for challenge impose a very high burden of proof on the individual opposing the will and are circumstantial in nature. While it is simple for an individual to apply for legal actions in the Court of law, it is often seen that people are unable to demonstrate such claims with solid evidentiary evidence. Robust grounds for challenge, as well as the relevant documentation to support and demonstrate such claims, are essential for effectively challenging wills in India.”
It is best to contest a will as soon as feasible in order to avoid its execution. If the individual who challenges the will is successful, the will is declared void.
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.
