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Succession / Will related disputes


Overview

A Will is a declaration of a person on a document expressing his wish to distribute his/ her assets after death. Will is a legal document, but there is no prescribed form, as it can be handwritten or typed on any material and not just the stamp paper. A Will may be revoked or altered by the owner at any time before his/ her death

It is vital to draft a will that is complete in itself, leaving no loopholes for any dispute. But most of the time, while developing a Will, some or the other point of conflict is left. We at Sabkuch Legal deal with all the disputes related to Will and make it easy for the parties to resolve those disputes and receive their rightful portion of the moveable or immoveable property.

If a person dies without making a will, he is said to have died 'intestate,' in which case the Indian Succession Act, 1925 will apply based on religion. Probate is granted by a court, certifying the validity of the Will. Obtaining probate is compulsory to execute the Will of the testator. 

Disputes Resolutions

There are situations where the testator is willing to give his property to someone who is not very close to them by blood or by marital relation. Nonetheless, they share a close sentimental relationship. A Will can be challenged in the court of law when it does not appear natural. If the bequest made in the Will seems unnatural, then the courts scrutinize the evidence with more care than usual. The burden of proving the presence of undue influence is on the party alleging the dispute. Therefore, the person on whose name testator has made the Will need not prove or disapprove anything. The person making the claims of undue influence needs to verify that the testator's intention was obtained using undue influence.

Will can be Challenged in the Following Ways

  • Presence of Coercion, fraud or undue influence
  • Presence of a suspicion
  • Absence of testamentary intention or capacity
  • Absence of Knowledge

Procedure for Challenging Will

  • Filing a suit in a valid Court
  • Submitting documents to prove coercion/fraud/undue influence/suspicion etc

Procedure

Procedure for will related disputes

Frequently Asked Questions

What makes a Will legal?

Ensuring the following makes a Will Legal:

  • The Will should be written with consent and free Will of the testator.
  • The Will should be signed by two witnesses who have seen the testator writing the Will.
  • Will should be registered so that there is a limited scope of alleging fraud/coercion etc

What are the common mistakes that shouldn't be made while drafting a Will to avoid any dispute later?

Following mistakes should be avoided while drafting a Will:

  • Not being specific about the assets.
  • If there are changes in the status of assets, not making the necessary alterations in the Will.
  • If you are making a new Will, not making declarations to revoke former Wills made by you.
  • Not appointing an executor.
  • Not appointing a guardian for minor children.

If a single witness signs the Will, will it be valid?

No. There need to be two signed witnesses to a Will, after which it will be considered valid even if it is not registered.

Can you update/ change your Will?

Yes, you can update/ change your Will. It can be done by discarding the old Will and drafting a new Will.

Is handwritten Will legal in India?

Yes, the handwritten Wills are legal in India. However, they need to be legible and follow the criteria or the essentials of a valid will.

Why Choose Us

why choose us for will related disputes

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