A will is a testimony of a person in relation to his property. A Will is accorded a very high regard in the Indian Law, with almost all of them passing through probate without much issue. Since the testator, the writer of the Will can no longer present his wishes, the courts prefer sticking to it unless a strong and reasonable objection is raised. Although during the probate, the court asks for the objection, it is a task uphill from there.
Who can Challenge a Will?
A will can be challenged by people having:
- Reasonable interest in the property
- A significant reason to doubt the validity of the will
A lot of NRI find themselves being deprived of their rights after the death of the family patriarch, all because of manipulation of Will. It leaves them in a distressed situation, as they are not fully aware of the remedies available. Challenging a Will, as already mentioned is not an easy task. But it is not an impossible feat either. If you have been wronged or has reason to doubt the validity of the will, the law does offer you measures for the redemption. All you need is a trustworthy expert attorney who can understand the complexity of the matter and the need of the hour.
At NRI Legal Services, you will get both, the competence and the understanding along with the transparency that you need. Our expert lawyers will take care of every minute detail, right from title search to filing paperwork to representing your case in the court. And all this without the need for NRI to travel to India.
Challenging the Will
A will can be challenged on the following grounds:
- Testamentary Capacity – Law provides that an adult, i.e, a person of 18 years or above can make a will. Apart from the age, the testator must be of sound mind and understanding at the time making the will. Thus, a will can be challenged on the grounds that the testator was not in his full mental capacity to understand the consequences of the Will at the time of making it. It can be either due to dementia, insanity or was under the influence of alcohol or drugs.
- Fraud or forgery – It means that the executor or some of the beneficiaries have tampered with the original will for their personal gain. Here, the challenger is required to produce sufficient proof to back his claim.
- Undue Influence – It merely means that the testator was manipulated by a third party to draft a will beneficial for him/her.
- Old will vs New will – In cases, where two wills are present, the newer will is considered legit. However, a person can challenge the validity of the new will on grounds of fraud and manipulation.
Challenging the Will can be a daunting task, given the low success ratio. The process of challenging the will seems all the more cumbersome for NRI because of the distance between them and the actual property. But giving up is not an easy option either when the stakes are so high. All you need is to look for a competent lawyer who has an intrinsic knowledge of the various complexities involved. If a case is handled with due diligence, resolutions not far away.