When is a Will Said to Be Validly Executed? Can the Will Be Contested?

In India, the execution of a will is governed by the Indian Succession Act, 1925. For a will to be validly executed, it must meet the following criteria:

1. Written Document: The will must be in writing. 

2. Testator’s Signature: The will must be signed by the testator (i.e. the person making the will) or by some other person in their presence and under their direction.

3. Witnesses: The will must be attested by at least two (2) witnesses. Each witness must have seen the testator sign the will or heard the testator acknowledge the signature on the will.

4. Testamentary Capacity: The testator must have the mental capacity to understand the nature and effect of the will at the time of its execution. They must also be free from any undue influence or coercion.

5. Intention: The testator must have a clear intention to make the will, and it must be made voluntarily.

Can the Will Be Contested?

Yes, a will can be contested in India. Common grounds for contesting a will include:

1. Lack of Testamentary Capacity: If it is believed that the testator lacked the mental capacity to make the will, it can be contested.

2. Undue Influence or Coercion: If the will was made under undue influence, coercion, or fraud, it can be challenged.

3. Improper Execution: If the will does not meet the legal requirements of execution, it can be contested.

4. Forgery: If the will is suspected to be forged or tampered with, it can be challenged.

5. Exclusion of Legal Heirs: Legal heirs who are unjustly excluded can contest the will, although the testator has the right to distribute their property as they wish.

Conclusion

Ensuring the validity of your will is crucial for it to be enforceable. Following the legal requirements and seeking professional advice can help in creating a valid will. While a will can be contested, adhering to the proper execution process minimizes the risk of disputes.