How do I contest a will? – Steps and Procedure To Follow
A will is a primary way to express one’s wishes about how their assets will be distributed after their death, however many beneficiaries may not fully agree with the terms. Beneficiaries or heirs who are not satisfied with wills can contest the will in certain circumstances. This blog outlines the conditions for contesting the validity of a will in India along with the legal processes required.
Important Grounds:-
Listed below are some common conditions under which a will can be contested:
1. Insufficient Testamentary Capacity
If the creator of the will meets the following criteriaThey are blind, dumb or deaf.
They are minors.
They are certified of having deficient minds.
They suffered from mental illness.
They were intoxicated or sick and could not make sound judgment
2. Lack of Testamentary Intent
A will may be challenged when proved that the testator didn’t intend to write the will.
3. Lack of Proper Execution
A will may be challenged when not accompanied by legal elements essentially required. The will must be executed in writing and by the person who made it in front of two witnesses.
4. Unlawful Influence
The challenger could argue on account that the testator made the will under unlawful influence or pressure by a third party. The matter must be proved beyond doubt.
5. Inadequate Knowledge or approval
Another ground could be that the testator did not establish to comprehend the meaning in the will at the time when they signed it.
6. Forgery or Fraud
The will may be challenged if the challenger can prove it was forged or if the will was fraudulently signed by the testator.
7. Unlawful or Morally Wrong
If any provisions of a will are illegal or immoral or If the provisions in question contradict, prohibit or violate any lawful provision, then the will would become invalid.
8. Impossibility of Condition
A contingent will that is based on occurrence of a particular circumstance, in the absence of this condition, the will is declared invalid. But, if the probability of occurrence of the event is almost impossible, then it can be declared null and void.
Procedure to Contest a Will
The top civil lawyers in Bangalore could suggest the following, as procedural steps to follow if you wish to contest a will:
Collect Related Evidence
You must gather evidence that supports and proves your claim. These could be medical records that prove the testator’s mental condition or witness testimony about undue influence or professional opinions regarding the validity of the will.
Issuing Legal Notice
The person contesting the will must send an official legal notice to the executor (person designated to manage estate) and to the beneficiaries mentioned in the will, advising that you intend to challenge the will.
Contact an Attorney
Contesting the validity of a legal document like will could be a tough task. We recommend seeking out solid legal advice regarding your possibilities before you take any action. Civil lawyers can give you informed suggestions about the legal options available to you and guide you throughout the will contesting procedure.
Filing a Petition
If you’ve made the decision to contest a will, you must submit a petition to the probate court of state. The petition informs the estate and the court that you intend to contest the will. The matters that relate to registration of documents are filed under Section 18 of the Registration Act.
Issuing Vakalatnama and Paying Court Fee
By signing Vakalatnama the person grants all authority for a lawyer to represent on behalf of the person. Further, you must ensure to pay the requisite court fee for your matter in the court.
Initiation of Proceedings
Once the court accepts the case, it will issue notice to the other party to be present before the tribunal. The challenger is responsible to establish if the will is not valid or that the testator didn’t intend the will.
Hearings and Arguments
The court calls for hearings where both parties provide evidence and arguments. Also, expert witnesses can be called for testimony so that the judge can analyze the case depending on the details provided.
Judgment
If the will is deemed invalid, the judge will decide the disposition of the estate in accordance with the laws of succession applicable as per the deceased’s religion.
Wrapping up!
We tried our best to cover every relatable aspect about the procedure and legal steps to take for contesting a will. The decision to challenge a will in India necessitates an analysis of the legal grounds, necessary evidence and important implications. If you wish to contest a will and find the process difficult, you can seek assistance from some of the top civil lawyers in Bangalore who will guide you in putting your best foot forward.