HOW CAN A FAKE WILL BE CHALLENGED IN COURT

Will is the last wish of any person. If a person has earned any money such money is divided
among his movable and immovable property. He can make a will in respect of such property
during his lifetime. Will means a decision taken by a person regarding his property during his
lifetime and such decision mentions to whom his property should be given after his death.
Any person can bequeath his earned property to any person or institution. As long as that
person is alive, the property belongs to that person and when that person dies, the property is
given to the person decided by him. When a person dies without making a will, his property
is distributed through inheritance law. A will is considered to be the last wish of a person and
is kept away from any legal proceedings. No stamp is required to write any will and it is not
necessary to get it registered. If a person wishes, he can also get the will registered.
Nowadays, fights over property are seen in families. Some members of the family want to
grab all the property. In such a situation, members also make a fake will. There are some
ways of writing the will and some laws. If the will is written properly and without any basis
then it can be challenged in the court and proved to be fake. There are some grounds which
can prove that the will is fake.
Nowadays, fights over property are seen in families. Some members of the family want to
grab all the property. In such a situation, members also make a fake will. There are some
ways of writing the will and some laws. If the will is written properly and without any basis
then it can be challenged in the court and proved to be fake. There are some grounds which
can prove that the will is fake.
The following are the grounds:
On these grounds, the will can be proved to be fake.
Will against the will: If the facts of the will are such that they appear to be against the will of
the writer, then it can be challenged in court. A will against one's wishes occurs when a
person does not want to write a will and a will is made against him. Will written under any
influence: If the will is written under any undue influence by the executor, then there is no
validation of such will. Undue influence is one in which the writer is under the influence of
the person in whose favor the will is being written. For example, a person has five children
and that person wrote his will in the name of one of the children and the person in whose
name he wrote the will lived with the person who wrote the will.
If a person is living with another person then it is possible that he or she can overrule his or
her will. Therefore, he can get anything written by the person whose property he owns, such
consent is not considered as free consent. Getting a will written by a sick person: If the
executor is a sick person and is unconscious and a will has been written by such a sick
person, then such a will is not considered valid. This will is also illegal because the
intellectual capacity of a sick person is almost destroyed and he is not able to take any right
decision. In such a situation, he has no understanding as to what kind of decision he is taking
and what will be the consequences of this decision. It is generally seen that people get their
sick parents to write a will in their name. Parents do not even understand what documents
they have signed. Since a will is valid even on a blank paper, there is no need for its
registration, hence any person can write such a document by signing it on a blank paper at
home.
Basis of witnesses:
Two witnesses are required in any will. These witnesses prove that the will was written in
their presence and that such will was read out by the writer. After that, they signed that will. It
is also necessary for the people who have signed to be alive. The will also becomes doubtful
if the signatures of persons who were already ill or old and likely to die soon are taken as
witnesses. Such a will can be challenged in court. The basis of witnesses in a will is an
important basis, it is also seen that what relationship the witnesses have with the person for
whom the will has been written. Even if the witnesses are relatives or friends of the person in
whose favour the will is written, the court may still consider that the will may be fraudulent.
Content of the Will:
The content of the Will is also a major basis of its validity. If a will disinherits certain heirs
and does not specify the reason for such disinheritance, does not mention the reasons why the
property is not given to some heirs, the will is still Can be considered fake. If a person has
refused to give property to some heirs, then the grounds for such refusal should also be stated.
For example, if a child or heir does not behave properly towards the person to whom the
property belongs or if he has gone astray or has converted to religion or is involved in
inappropriate activities etc. All these are the reasons which become the basis for not giving
property to any person. Therefore, it is also seen in the will that to whom the property has not
been given, then why it has not been given.
Will be an insane person No will can be made by an insane person because an insane person
does not have the capacity to make any decision regarding himself. The law prevents an
insane person from making a will. The interests of an insane person are best known to his
guardians; therefore an insane person cannot make a will. Even if a will has been made by a
person who is not mentally healthy, the will can be challenged in court and declared invalid.
We should note that the will is not related to its being registered. If a will has been registered
and then the person writing it writes another will on blank paper, then the second will will be
valid and even though the first will is registered, it will have no force. Because in the case of
will, it is the law that any person can change his will at any time. Any will be the last will.
The will written by a person just before his death is considered the last will, even if it is on
blank paper.