Indian Kanoon-Can a registered will be challenged?-LawRato

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A registered will makes a strong case for itself when compared to an unregistered will, a registered will tells that the testator along with at least two witnesses went to the registrar’s office to get the will registered and in their presence signed the will and gave effect to that document.

The Registrations Act by its Sec. 18 neutralises the differentiation between an unregistered and a registered will where it makes the registration of a will optional. The section tries to blur the line of difference between the two and in the very same manner, the line is blurred while a will has to be challenged. Irrespective of the fact that whether a will is registered or not, the same can be challenged before the court of law.

A registered will just shows the intent of the testator, that he wanted to give such a will witnessed by two member effect when he died, but the inherent characteristic of a will being that it can be revoked any number of times makes the registered will invalid in presence of a will that was made after such a registered will, even if this new will is not registered, the same would be considered to be the valid will. In other words, a person can make as many will’s as possible and the last will so made by such a person in that series of will that is witnessed by atleast two persons would stand as the legally binding will, even if unregistered.

A will although registered can be challenged in the court of law. The mere fact that a will has been registered will not, by itself, be sufficient to dispel all suspicions regarding it. A registered will may not be the last testament. A new will made, even if unregistered, if valid, will trump the registered will. If there are any suspicious facts, the courts will scrutinize them even if the will is registered. Irrespective of the registration, a will can be challenged on the following grounds:

• Fraud
• Coercion
• Undue influence
• Suspicious Nature
• Lack of execution
• Lack of testamentary intention
• Lack of testamentary capacity
• Lack of knowledge and approval
• Forgery
• Revocation

After a person dies, his will takes effect and his assets are disposed of in accordance with the terms laid out in the will. So if one wants to challenge a will, the very same should be done as soon as possible, before the will is given effect because once the will has been executed as per the clauses of the will, it becomes a difficult task for the court to administer or facilitate the redistribution of property. Therefore, if you think the will needs to be contested, do it quickly. Do not wait for a long period.

Advocate Anuj Aggarwal can be consulted for further information at https://goo.gl/DGkpVH or by calling at +91-9599000555.