Family rifts can occur not only post demise but sometimes due to contentious will provisions. Changes in beneficiaries, unequal asset distributions, or doubts about the testator’s mental capacity during will creation can lead to confusion and emotional turmoil.
Many individuals lack awareness of legal provisions, valid challenges, and the grounds for disputing a will. Early comprehension of these aspects can prevent prolonged legal battles and mitigate family conflicts.
In this segment of the will series, legal experts dissect the steps families should take if they suspect foul play, the legal criteria for challenging a will, and the repercussions of a court invalidation.
WHAT TO DO IF A WILL SEEMS UNJUST
Radhika Gaggar, Partner (Co–Head – Private Client) at Cyril Amarchand Mangaldas, advises against immediate panic and emphasizes that unfairness alone is not a legal basis for objection.
She elaborates, “Individuals have the right to dispose of their assets as they wish, acknowledging testamentary freedom in India. Perceived unfairness may not be legally significant.”
However, she highlights the importance of taking action if suspicious circumstances arise.
Gaggar explains, “An interested party in the deceased’s estate can contest a will’s validity if they suspect questionable circumstances, like unclear signatures, inadequate witnesses, dubious provisions, or potential foul play indications that require scrutiny.”
Her counsel is straightforward: “Swift action, evidence collection to support claims, and expert legal consultation are crucial.”
LEGAL GROUNDS FOR WILL CHALLENGES IN INDIA
Gaggar outlines specific legal grounds for challenges, emphasizing the necessity for alignment with these criteria.
She states, “A will can be contested on grounds of procedural irregularities (e.g., improper execution, insufficient witnesses); suspicion of execution circumstances; lack of testamentary capacity – the testator lacked a ‘sound mind’; fraud, coercion, or undue influence impeding the testator’s free will.”
PROVING UNDUE INFLUENCE, FRAUD, OR MENTAL INCAPACITY
Clear evidence is imperative for courts to invalidate a will. Gaggar points out, “Section 59 of the Indian Succession Act requires the testator to be of sound mind to create a valid will.”
She adds, “To substantiate lack of testamentary capacity or undue influence, evidence like medical records indicating cognitive impairment, witness testimonies on the testator’s mental state, and documentation of suspicious circumstances must be presented to the court.”
Courts do not solely rely on medical proof.
Gaggar highlights, “The Supreme