A will acts as a convenient way of transferring the assets possessed by an individual after his /her lifetime. As it is the wish of the deceased that is expressed through the will, it is rarely challenged. The court of law takes it at face value as the person who has formed the will doesn’t exist anymore.
However, if you are a party to the will and feel that there is something not right about it, there are grounds on which you can challenge it.
We bring you the top five grounds on which you can challenge a will in the court of law. However, do remember that you would need to provide adequate proof to substantiate your grounds.
Lack of proper execution
For a will to be accepted, it has to be framed in a particular fashion as laid down by the law. A will has to be in writing. Besides, it has to be signed and dated by the testator. Also, two individuals need to sign the will as witnesses to the entire process of will-making.
If any of these elements are missing in a will, that could act as a valid ground for challenging it. Again, specific laws regarding religion also come into play here. According to Muslim Personal Law, an oral will is also valid.
Fraud, forgery, or undue influence
Fraud, forgery, or undue influence can act as grounds for challenging a will, provided it can be sufficiently proved. If it can be established that there was any undue influence exerted on the deceased to make the will in question, that could also act as a ground for challenging.
Claim by family
Though an individual has all the rights to distribute his /her assets in any manner, a family member has the right to challenge it if they feel the distribution has been unfair.
According to the Hindu Succession Act, the head of the family is bound by law to provide for the maintenance of certain close relations. If the family feels that the same has not been done, they could approach the Family Court or the High Court to make adequate provisions for them in the will.
Lack of testamentary capacity
By law, only adults can make a will. However, certain conditions like dementia, insanity, or other such medicals conditions may render them invalid to make a will. This could become a ground for challenging the will if it can be proved that the person was not in sound mental capacity at the time of making the will.
Lack of testamentary intention
If it can be proved that the deceased did not have the intention of making the will, that could also become one of the grounds for challenging. However, this is quite difficult to do.
