The validity of a will is crucial in ensuring that the testator's (the person making the will) wishes are honoured and their estate is distributed according to their instructions. However, there are instances when a will or a legacy under a will can be declared void or invalid. This blog explores the circumstances under which a will can be challenged and potentially voided under Indian law.
Grounds for Declaring a Will Void
Lack of Testamentary Capacity: The testator must have the mental capacity to make a will. This means they should understand the nature of the act. If it can be proven that the testator was of unsound mind or under the influence of drugs or alcohol when making the will, it can be declared void.
Undue Influence, Fraud, or Coercion: A will must be made voluntarily. If it is established that the testator was coerced, under undue influence, or deceived into making the will, it can be invalidated. Undue influence involves manipulation by someone in a position of trust or power over the testator.
Forgery: If a will is proven to be forged or if the signature of the testator is falsified, the will is considered void. Forgery can be difficult to prove and typically requires expert testimony and evidence.
Improper Execution: Under the Indian Succession Act, 1925, a will must be executed following specific formalities:
It must be in writing.
The testator must sign the will, or it must be signed by someone else in the testator's presence and under their direction.
The signature must be made or acknowledged in the presence of at least two (2) witnesses, who must also sign the will in the presence of the testator.
Failure to comply with these formalities can render the will invalid.
Revocation: A will can be revoked by the testator at any time before their death. This can be done by making a new will, performing an act of destruction (such as tearing or burning the will), or by a declaration of revocation in writing. If a will is found to have been revoked, it is no longer valid.
Grounds for Declaring a Legacy Void
Illegal or Immoral Conditions: If a legacy under a will is subject to a condition that is illegal, immoral, or against public policy, it can be declared void. For instance, a legacy conditioned on committing a crime is invalid.
Impossibility of Fulfilment: If a condition attached to a legacy is impossible to fulfil, the legacy may be void. This includes both physically impossible conditions and those that are legally unenforceable.
Contradiction to Statutory Provisions: If the legacy contradicts statutory provisions which the testator is subject to. For example, Goa follows its own uniform civil code which applies to all is residents without regard to their religion. The code states lays down certain provisions with respect to ownership and inheritance of marital property stating that both husband and wife equally own (i.e. 50-50) all assets acquired by either spouse upon marriage. Thus, the will in this case cannot override the statutory rights which the testator is subject to.Â
Uncertainty or Ambiguity: If the terms of a legacy are vague or ambiguous, leading to uncertainty about the testator's intent, the legacy can be declared void. Clear and precise language is essential in drafting a will to avoid such issues.
Process of Challenging a Will
To challenge a will, an interested party (such as a potential heir or beneficiary) must file a suit in a competent court. The court will examine the evidence presented and determine whether the grounds for invalidating the will or legacy are valid. The burden of proof lies with the person challenging the will.
Conclusion
A will can be declared void or invalid for several reasons, including lack of testamentary capacity, undue influence, fraud, forgery, improper execution, and revocation. Similarly, a legacy under a will can be void if it involves illegal conditions, impossibility of fulfilment, contradictions to statutory provisions, or ambiguity. Understanding these grounds is essential for both testators and beneficiaries to ensure the smooth execution of a will and to address any potential disputes.
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