Law4u - Made in India

Can a will and trust be challenged in court in India?

14-Mar-2023
Wills Trusts

Answer By law4u team

Yes, a will and trust can be challenged in court in India under certain circumstances. In the case of a will, it can be challenged if it is alleged that the will was not executed properly or that the person making the will was not of sound mind or was under undue influence at the time of making the will. Similarly, a trust can be challenged if it is alleged that the trust was created under fraudulent circumstances or that the terms of the trust are against public policy or illegal. The process for challenging a will or trust in court may vary depending on the specific circumstances of the case and the court in which the case is filed. In general, a person who wishes to challenge a will or trust must file a petition in the appropriate court and provide evidence to support their claim. It is important to note that the burden of proof is generally on the person challenging the will or trust to show that it is invalid or should be modified in some way.

Answer By Ayantika Mondal

Dear Client, Yes, a will and a trust can both be contested in court in India, but on particular legal grounds. A will can be contested if there are claims such as fraud, coercion, undue influence, absence of testamentary capacity, suspicious circumstances, improper execution, or forgery. These are typically brought up during probate proceedings before a civil court. In the same vein, a trust (private trust) can be attacked if it is found that it was established through fraud, undue influence, coercion, misrepresentation, or if its object is illegal or uncertain.Beneficiaries or interested persons may file a suit in a civil court to have the trust declared void or seek directions for its proper administration. In each instance, trust or will, the burden rests on the trust or will challenger to prove the asserted defects. I hope this answer helps. In case of future queries, please feel free to contact us. Thank you.

Wills Trusts Verified Advocates

Get expert legal advice instantly.

Advocate Sudheesh K

Advocate Sudheesh K

Family, Divorce, Anticipatory Bail, Criminal, Motor Accident, Cheque Bounce, Recovery, Child Custody, Cyber Crime, Domestic Violence, High Court, Breach of Contract, Arbitration, Civil, Consumer Court, Labour & Service, Landlord & Tenant, Patent, Property, R.T.I, Revenue, Wills Trusts, Trademark & Copyright, Bankruptcy & Insolvency, Banking & Finance, Corporate, Court Marriage, Customs & Central Excise, Documentation, GST, Immigration, Insurance, International Law, Media and Entertainment, Medical Negligence, Muslim Law, RERA, Tax, Succession Certificate, Startup

Get Advice
Advocate S R Jena

Advocate S R Jena

Anticipatory Bail, Arbitration, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Customs & Central Excise, Criminal, Cyber Crime, Divorce, Documentation, GST, Domestic Violence, Family, High Court, Immigration, Insurance, International Law, Labour & Service, Landlord & Tenant, Media and Entertainment, Medical Negligence, Motor Accident, Muslim Law, NCLT, Patent, Property, R.T.I, Recovery, RERA, Startup, Succession Certificate, Tax, Trademark & Copyright, Wills Trusts, Revenue

Get Advice
Advocate Sajad Ahmed Shah

Advocate Sajad Ahmed Shah

Anticipatory Bail, Arbitration, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, Insurance, Labour & Service, Landlord & Tenant, Media and Entertainment, Medical Negligence, Motor Accident, Muslim Law, Property, R.T.I, Recovery, Succession Certificate, Trademark & Copyright, Wills Trusts

Get Advice
Advocate Puran Maurya

Advocate Puran Maurya

Civil, Criminal, Domestic Violence, Family, Motor Accident, Cheque Bounce, Court Marriage, Consumer Court, Divorce, High Court, Landlord & Tenant, R.T.I, Property, Succession Certificate, Wills Trusts, Medical Negligence, Insurance, Cyber Crime, Arbitration, Anticipatory Bail, Banking & Finance

Get Advice
Advocate Dilwar Hussain Choudhury

Advocate Dilwar Hussain Choudhury

Anticipatory Bail, Breach of Contract, Civil, Court Marriage, Criminal, Divorce, Domestic Violence, Family, High Court, Labour & Service, Landlord & Tenant, Medical Negligence, Motor Accident, Muslim Law, Property, Recovery, Supreme Court, Wills Trusts, Consumer Court, GST

Get Advice
Advocate Pramod Kumar Singh

Advocate Pramod Kumar Singh

Anticipatory Bail, Arbitration, Armed Forces Tribunal, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Customs & Central Excise, Criminal, Cyber Crime, Divorce, Documentation, GST, Domestic Violence, Family, High Court, Immigration, Insurance, International Law, Labour & Service, Landlord & Tenant, Media and Entertainment, Medical Negligence, Motor Accident, Muslim Law, NCLT, Patent, Property, R.T.I, Recovery, RERA, Startup, Succession Certificate, Supreme Court, Tax, Trademark & Copyright, Wills Trusts, Revenue

Get Advice
Advocate Bajrang Singh Charan

Advocate Bajrang Singh Charan

Civil, Criminal, Anticipatory Bail, Arbitration, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Consumer Court, Corporate, Court Marriage, Domestic Violence, Family, High Court, Insurance, Labour & Service, Motor Accident, Property, R.T.I, Recovery, Tax, Wills Trusts, Revenue, Supreme Court

Get Advice
Advocate Yojanya Murthy

Advocate Yojanya Murthy

Anticipatory Bail, Cheque Bounce, Child Custody, Civil, Consumer Court, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, High Court, Landlord & Tenant, Media and Entertainment, Medical Negligence, Motor Accident, Property, R.T.I, Succession Certificate, Wills Trusts, Revenue

Get Advice
Advocate A Rajkumar

Advocate A Rajkumar

Anticipatory Bail, Arbitration, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, Immigration, Insurance, Labour & Service, Motor Accident, Muslim Law, Property, Succession Certificate, Wills Trusts

Get Advice
Advocate Nitin Kumar

Advocate Nitin Kumar

Banking & Finance, Cheque Bounce, Consumer Court, Corporate, Customs & Central Excise, Cyber Crime, Documentation, GST, High Court, Insurance, International Law, Labour & Service, Landlord & Tenant, Media and Entertainment, Medical Negligence, Property, R.T.I, Recovery, RERA, Startup, Succession Certificate, Tax, Trademark & Copyright, Wills Trusts, Revenue, Criminal, Civil, Child Custody, Court Marriage

Get Advice

Wills Trusts Related Questions

Discover clear and detailed answers to common questions about Breach of Contract. Learn about procedures and more in straightforward language.