Grounds for Challenging a Will in India

What is a Will?

A Will is a legal declaration by a person of its intention with respect to the property which the person desires to be carried into effect after their death. By way of Will the person (viz Testator) expresses wish to distribute the properties owned by the individual during lifetime. The Testator may also appoint a person (Executor) who shall manage the property until its distribution. The persons upon whom such property is to be distributed are known as beneficiaries. By way of Will an individual can distribute only those assets which are self-acquired by the individual. The persons upon whom such property is to be distributed may not necessarily be family members of the Testator.

Persons Eligible to Make a Will

1. An individual of sound mind.
2. The individual should be free from any undue influence or coercion.
3. The Will should be made voluntarily.
4. The individual should be fully aware of the contents of the Will.

Who Can Challenge a Will?

A Will can be challenged by heirs if they do not get a proportionate share or are omitted from inheritance. It can be challenged by beneficiaries, creditors, minors, and other people who have the right to property in one way or the other.

How is Will Considered To Be Vaild?

A Will executed by an individual of sound mind without any undue influence or coercion, signed by two witnesses and duly registered is considered to be valid.

How is Will Executed?

In case the Executor is named in the Will a petition seeking Probate of the Will can be filed by the Executor before a competent Court. In the case where an Executor is not named in the Will, a petition seeking Letters of Administration can be filed before a Competent Court.

Grounds on Which a Will Can Be Challenged

A Will can be challenged on the following grounds:

1.    Lack of testamentary capacity:

The following persons would be incapacitated to make a valid Will:

• Deaf, dumb or blind people.
• Minors.
• Persons of unsound mind.
• Persons suffering from insanity.
• Intoxicated or ill people unaware of their actions.

2.    Fraud, Coercion or Undue Influence:

• A Will which has been caused by fraud or coercion which takes away the free agency of the Testator is void.
• Any Will that has been made in the absence of free Will of testator can be challenged.

3.    Lack of due execution:

• A valid Will must be made by the Testator and duly signed by them.
• Additionally, two witnesses need to affix their signatures, in the presence of the Testator, witnessing that the Will belongs to them.

4.    Lack of testamentary intention:


If the language and interpretation of the Will does not align with the intention of the Testator at the time of the death and does not truly represent the last wish and propositions of the Testator, then the Will can be challenged before the relevant Court.


5.    Lack of knowledge and approval:

• If the Testator had no understanding of nature and effect of the dispositions in the Will, it cannot be executed.
• If any circumstances show that the Testator could not have been aware of and understood the meaning, purport and effect of the contents of the Will in question, the Will can be declared invalid.

6.    Forgery:

A person aggrieved by a forged Will can file a private criminal complaint to invalidate the Will.


7.    Revocation:

If after making the Will, Testator destroyed the original or substitutes it with a latter Will, the Will would have been considered to be revoked and liable to be challenged before competent Court, to the extent of its inconsistencies with the former Will.

8.    Uncertainty:

If the Will suffers from vagueness and is not definite enough, then it would be void for the reason of uncertainty. This could be coupled with the element of suspicious circumstances, for e.g. any absurd or irrational terms with no clear beneficiary, ambiguity or confusion with respect to the intention declared by the Testator in the Will.

9.    Impossibility of condition:

A contingent Will, whose execution is dependent upon the happening of a specific event, condition in the absence of which the Will would be declared inoperative. However, if the probability of the occurrence of the event is impossible, then it would be declared void.

10.    Illegal or immoral condition:

Any conditions of a Will which are illegal or immoral can be declared void. If these provisions are contrary to, forbidden by or defeats any provision of law or are opposed to public policy, then it would be declared invalid.

Conclusion:

In summary, the decision to contest a Will in India necessitates an examination of legal grounds, evidentiary proof and potential ramifications.

We can assist you with concerns related to challenging a Will in India and its associated nuances. You can submit a query below and get in touch with us.