Who Can Challenge a Will, How to Challenge a Will & Other Information?
You can contest a will if you think it contains fraud or is invalid. To contest a will, you must first understand the legal requirements as well as the grounds for doing so. Commonly, the family patriarch always thinks about writing a will. By doing this, any disagreements among family members on how to divide a deceased person’s property will be avoided. It is a legal document with all the information on how legal heirs will inherit property. Shares and property are divided as part of it.
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To be considered a legitimate legal document, it must be registered under the Indian Registration Act. Any member of the family can request a probate of will from the court upon the death of the will-maker or testator. It is the Will’s certified copy. The court next asks the heirs whether they have any complaints, and if not, the Will takes effect.
You can contest a Will if it is not recorded. Although it’s difficult to overturn a will. However, you can win the case to contest a will if you have the required evidence and good justification. The Will may be partially or completely invalidated if it is contested on a number of grounds.
Justifications for Challenging a Will
A few grounds for contesting a will are covered below.
Lack of proper execution –
A will must include all necessary elements as prescribed by law in order to be deemed legal. The requirement that it be in writing comes first. It ought to be dated as well. The earlier Will would be void if a new one was created with a later date.
Testamentary capacity –
Legally, a person must be at least 18 years old to make a will. It’s because they are capable of making testaments. A will can be contested if the testator lacked testamentary ability. This indicates that the individual who created the Will was not aware of the implications of doing so. You would need to demonstrate that the testator was not mentally sound at the time of the will in this situation.
Undue influence –
If a third party coerced or compelled the testator to sign the will, you may be able to contest it.
Forgery –
You may challenge a will in court if you can show that it was created or signed fraudulently, by someone other than the testator or maker of the will, and that it is forged. Any fraud case can be easily contested in court.
Lack of approval –
A lack of approval indicates that the testator did not fully comprehend the Will’s provisions. He only signed it now. This is another good reason to challenge the Will.
Not having enough witnesses:
A will must be signed in the presence of two adults (18 years or older) for it to be considered valid. The legitimate heirs to the property cannot be these witnesses.
Legal heir claims –
If a family member feels that he is not sufficiently provided for in the Will, he may contest the Will.
How to Challenge A Will: Important Steps to Take?
Read on to discover more about the procedure if you are unsure of how to contest a will.
Step 1: File the lawsuit: If you’ve decided to contest a will, you must first file a legal complaint. Under Section 18 of the Registration Act, all proceedings pertaining to document registration are filed.
Step 2: Issue the Vakalatnama. Following the registration of the case, the Vakalatnama must be issued. It might be viewed as a document authorizing a lawyer to argue your behalf in court.
Step 3: Pay the court fee: Pay the court charge at the third step. At this point, you must pay the required court fees.
Step 4: Case proceedings: After the case has been admitted by the court, the hearings will start. The opposing party will first receive a notice from the court requiring them to appear before it. The challenger must demonstrate during the proceedings that the Will was either invalid or not intended. Make sure to offer a compelling justification.
Step 5: File the supporting documents: The court will ask you to produce the documents supporting your case during the proceeding, file the supporting documents. After submission, proceed with the hearing. The Will, in its entirety or in some of its components, will be deemed void if the case is in your favour. Additionally, property will be distributed in accordance with intestacy law. It is advised that you file a lawsuit as soon as possible if there is a problem with the Will since after it is implemented, more problems will arise.
Learn who may Challenge a will
It’s crucial to understand the precise conditions that must be satisfied before contesting a will. The legal standing is one of the most crucial ones. It refers to whether you qualify to contest the Will or not. The only people who have the right to contest a will are those whose names are on it and those who aren’t beneficiaries but could become ones if the court rules in their favour. So, you can challenge the Will if you have the necessary legal standing.
Those who have the right to contest a will are listed below.
Heirs: Those who get the deceased person’s possessions are referred to as heirs. They stand to gain the most. Children, spouses, grandparents, siblings, & parents are among the heirs. If the heirs do not receive a fair share of the estate or are left out of the will, they may contest it. Since they are the primary beneficiaries and should have received a portion of the estate according to the law, they have the right to legally contest the Will.
Minors: Since a person must be 18 years old to file a lawsuit, minors cannot oppose a will. Therefore, a guardian or parent may file the lawsuit on behalf of a minor whose rights are in question.
Beneficiaries: People who are designated in the Will and receive a piece of the estate, such as surviving children, spouses, grandparents, and grandchildren, are considered beneficiaries. The testator may also name friends, charities, universities, and other entities in the will. The will may be contested by these beneficiaries.
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