Why Do Wills Get Challenged in India?

Wills are legal documents that specify how a person's property and assets should be distributed after their death. In India, Wills have to be executed in accordance with the Indian Succession Act, 1925. Despite the legal framework, it is not uncommon for Wills to be challenged in court. These challenges can be based on a variety of reasons, including allegations of fraud or undue influence. In this article, we will explore why Wills in India often get challenged in court.

Suggested read: Excluding Legal Heirs From The Last Will Creates Suspicious Circumstances

Lack of Testamentary Capacity

One of the most common reasons why Wills get challenged in court is due to a lack of testamentary capacity. Testamentary capacity refers to a person's mental ability to make a will. In order for a will to be considered valid, the testator must be of sound mind and understand the consequences of their actions. If it is believed that the testator lacked the mental capacity to make a will, the will can be challenged in court.

Duress and Undue Influence

Another reason why Wills get challenged in court is due to allegations of duress or undue influence. Duress refers to a situation where a person is forced to make a will against their will. Undue influence refers to a situation where a person is persuaded or coerced into making a will that benefits someone else. If it is believed that the testator was subjected to duress or undue influence, the will can be challenged in court.

Fraud and Forgery

Wills can also be challenged in court if there is evidence of fraud or forgery. Fraud refers to a situation where a person is deceived into making a will. Forgery refers to a situation where a will is fabricated and does not reflect the testator's true wishes. If it is believed that the will was created through fraud or forgery, the will can be challenged in court.

Disputes over Property

Another common reason why Wills get challenged in court is due to disputes over property. Family members may dispute the distribution of property and assets, and this can lead to a will being challenged in court. In some cases, family members may allege that the testator was not of sound mind when they made the will or that they were coerced into making certain decisions.

Lack of Witnesses

Wills that are not executed in accordance with the Indian Succession Act, 1925, can also be challenged in court. For example, if a will is not signed by two witnesses, it may be considered invalid. Similarly, if the witnesses are not competent to testify, the will can be challenged in court.

Conclusion

In conclusion, Wills in India often get challenged in court due to a variety of reasons. Some of the most common reasons include a lack of testamentary capacity, duress or undue influence, fraud or forgery, disputes over property, and a lack of witnesses. It is important for individuals to execute their Wills in accordance with the Indian Succession Act, 1925, and to ensure that their Wills accurately reflect their wishes. If there is any doubt about the validity of a will, it is important to consult with a legal expert to determine the best course of action.

At AasaanWill we help Indian families and the diaspora with succession planning, and the most efficient way to do that is by writing a Will. 

If you are thinking about your succession planning, reach out to our legal experts today!