How to Challenge a Will?

by

Last Updated on June 15, 2024 by Satish Mishra

Will.

Will is a document by which a dead man entrusts his wishes to a living person.

Will is made for disposing off property.

Will is madeby a person during his lifetime that whom he wants to give his property after his death.

Also Read- SHOULD I GET LEGAL HEIR CERTIFICATE OR SUCCESSION CERTIFICATE?

Terms related to will are:

  • Codicil is making changes in the will like adding a name .This can be done only by a testator he will sign it and it will be attested by two witnesses.
  • Where will debts have to be paid.For that Executor is appointed by testator who will manage these debts and property.
  • Appointment of executor is supported by evidence known as Probate .
  • Court grants Letter of administration to an administrator that he will authorize the will.

 

Will can be attested by the witnesses in the presence of testator

Will can be changed by a person as number of times he wants.

Will can be withdrawn by a testator during his lifetime.

Also Read- SUCCESSION CERTIFICATE AND HOW TO GET IT?

 

Features of will.

  •  Documents of will must be legal.
  • By will a person dispose his property.
  • Will is enforced after the death of the person who makes the will.

 

Types of will.

  • Will when take effect on fulfilling some condition is  conditional will.
  • When two or more persons make will together it is mutual will.
  • Special category of wills are privileged wills.
  • General category of wills are unprivileged wills.

 

Privileged wills are those made by soldiers, airman.

Unprivileged wills are those that are not made by soldiers , air man.

Also Read- LEGAL HEIR CERTIFICATE IN CHANDIGARH

 

Who can make will.

  •  Will can be made only by a person of sound mind.
  •  Minor cannot make will.
  • Testator must understand that whom he is giving his property ,how much he is giving and whom he is not giving his property.
  • Hindu married woman can give property which she has and can alienate.
  • Deaf, dumb and blind persons can give property only if they know that what they are doing.
  • If person is mentally ill and makes will during interval when he was of sound mind then his will is valid.

 

Will can be revoked only when revocation is in writing .

Revocation is done when will is destroyed or burnt.

Alteration in a will can only be done by a testator and attesting witnesses.

Will can be made in any language there is no need of use of technical words in a will and if used then it must be used in a legal sense.

Also Read- HOW TO PROBATE A WILL IN CHANDIGARH PANCHKULA MOHALI

 

Will cannot be transferred to unborn person.

Will is invalid on following grounds:

  •  Coercion.
  • Fraud.
  • Undue Influence.

 

Will can be challenged on following grounds:

Person who have interest in will can challenge it.

  1. Adults have the capacity to make will their will can be challenged on grounds of insanity or mental capacity.

You must show that testator was not able to understand the circumstances and consequences of will when he was making it.

  1. Will can be challenged on grounds that it was made under force or it is forged or it is made under undue Influence.
  2. New will prevail over older will.
  3. Requirements of valid will vary from state to state .
  4. If witness sign in front of notary public then there is no need for them to come to court to give proof.
  5. Will is valid in all states of India.

 

Also Read- TRANSFER OF PROPERTY THROUGH GIFT DEED

Will Under Hindu Law.

Will is legal declaration of property by a dead person to anyone whom he wants to give.

Indian Succession Act , 1925 deals with will made by Hindu, Buddhist , Sikh or Jain.

 

Willis made by :

  •  Person of sound mind.
  • Person who are deaf, dumb can make will only requirement is that they must know what they are doing .
  •  Person suffering from mental illness during interval of his sound mind can make will.
  • Intoxicated person , mentally ill person , minor cannot make will.

 

Also Read- CHECKLIST FOR BUYING PROPERTY IN CHANDIGARH PANCHKULA MOHALI ZIRAKPUR DERABASSI KHARAR BADDI

Will can be executed by :

  • Every person other than a soldier or airman employed in expedition or is in warfare or marine can execute will.

 

By signing the will.

Sign should be done so that it must be seen that sign was intended.

Will must be attested by two or more persons.

 

Moveable or Immovable property can be given by will.

Restrictions on will.

  • Will cannot be made for unborn person.
  • Rule of perpetuity :  No transfer of property can operate to create an interest which is to take effect after the life time of one or more persons living at the date of such transfer and the minority of some person who shall be in existence at the expiration of that period and to whom if he attains full age the interest created is to belong.

Also Read- WILL REGISTRATION PROCESS IN CHANDIGARH

 

Revocation of will is done by :

Some written declaration.

Will is burnt.

Will is revoked.

Will under Muslim Law

Wasi : Manager of the property , Executor is known as Wasi under Muslim law.

There is no administrator under Muslim law.

 

Wasiyyat : Will is known as Wasiyyat under Muslim law.

 

Also Read-  Property Transfer in Chandigarh Panchkula Mohali Zirakpur

Characteristics of will:

  • Person should be capable of making will.

Muslim person should be of sound mind and should not be minor as only person of sound mind can make will and minor cannot make will.

  • Property.

Property which belong to any other person cannot be given Only a person’s own property can be given in will.

As Muslim can give only one-third of his property.

  • Formalities.

No particular format is to be followed.

Will can be made orally or by writing.

 

Also Read- PAY PROPERTY TAX IN ZIRAKPUR

Under Muslim law too will to give property to unborn person is not valid.

But if mother of child is pregnant and within 6 months of death of person child is born , child will get the property as per will.

Under Muslim law a person can cancel his will anytime during his lifetime.

Final will is valid.

Executor of the will execute the will accordingly after the death of person.

Also Read- HOW TO GET FREE LEGAL ADVICE ONLINE IN INDIA

 

Hope this post answers all your queries related to WILL. For more info on the subject, feel free to dial 99888-17966.

Call Us