Challenging a registered will in court? Here is what you need to know

We have often heard the term will and have a fair idea of what it means. The movies and soap operas have run big drama on this one word, and that also has given us a decent idea as to how important the last will is. Property related disputes and family feuds are on the all-time rise and a registered will from the deceased is always helpful in property distribution. But is a registered will a final document? Can it be challenged in the court of law? Here is all you need to know!

What is Will?

In simple legal terms Will be explained as a legal instrument using which a person, also referred to as a testator records his intentions in a written form as to how will the distribution of his property will be done after his death and who will be the successor. We can also say that it is a legal document which helps in the devolution of the deceased’s property as per his will.

Process of Registration

The Indian Registrations Act, 1908 vide its Section 18(e) has specified that the registration of will is purely at one's option. This leads us to the fact that even if the will is unregistered, it still will hold the same prominence and registering it will not make a significant difference in its credibility.

The person who is drawing the will for himself can get it registered, or upon his death, the executor can do it on his behalf. Even though registering a will is not a compulsion, it still is advisable as it removes any ambiguity that may surround it later.

For safekeeping, the will can be deposited with any registrar in a sealed envelope with the name of the testator and the nature of the document.

Can it be challenged?

As mentioned earlier even if a will is registered under the circumstances specified below it can be challenged in the court of law. It is interesting to note that if the registered will is not the last testament and there exists an unregistered will after that, the unregistered will have the finality status.

Grounds for challenging a will

There are specific grounds on the basis of which a will can be challenged in the court of law which are briefly listed below.

1. Fraud- If there is a presence of fraud and the testator was deceived to make the will.
2. Coercion- There was force or threat used towards the testator to make the will.
3. Undue Influence- Where there is the possibility of the free will is hampered by inducing influence
4. Suspicious Nature- If the court has the reason to believe the nature of the will is suspicious.
5. Lack of Due execution- If the will does not fulfill the criteria of signature by the testator along with two witnesses signatures.
6. Lack of testamentary intention- If there is reasonable doubt of the testator's intention to draw the will
7. Forgery- If there is an element of forgery in the document concerning signature or details.
8. Revocation- If the testator after making the will revokes it as he/she isn’t satisfied and wants to make a new will.
9. Lack of testamentary capacity- If the testator could not make the will in his sound mind.

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