How do you prove a will in court?

Answer By law4u team

To prove a will in court in India, you must establish that the will is genuine, valid, and properly executed by the testator (the person who made the will). This process is typically required during probate or when the will is contested. Here’s a step-by-step explanation of how a will is proved in court: 1. File a Probate Petition (If Required) The executor (the person named in the will to carry out the wishes) must file a probate petition in the District Court or High Court having jurisdiction. Probate is mandatory in certain cities like Mumbai, Chennai, and Kolkata for wills involving immovable property. 2. Submit the Original Will The original will must be submitted to the court. The court will verify the authenticity, check for tampering, and examine how and when it was made. 3. Prove Due Execution (Section 63 of Indian Succession Act) To prove a will, the following must be established: 1. The will was signed by the testator. 2. It was signed in the presence of at least two witnesses. 3. The witnesses must have attested the will (signed it in the presence of the testator). 4. Examine Witnesses (Section 68 of Indian Evidence Act) At least one attesting witness must be brought to court to testify that: The testator signed the will in their presence. They signed the will as witnesses. This is mandatory if the will is challenged or if probate is sought. 5. Medical or Mental Capacity (If Challenged) If someone alleges that the testator was not of sound mind, you may need to prove: The testator had mental capacity at the time of making the will. The will was made freely, without undue influence, coercion, or fraud. Medical records or doctor’s testimony may be submitted as evidence. 6. Prove Absence of Suspicion If the will benefits only one person or excludes legal heirs, the court may apply a higher level of scrutiny. In such cases, you must prove that: The will was made voluntarily. The circumstances do not raise suspicion. The contents reflect the testator’s intention. 7. Court Issues Probate or Declares the Will Valid If the court is satisfied, it: Grants probate, or Declares the will as valid in other proceedings (e.g., partition suits or inheritance disputes). Once this is done, the will is treated as proved and enforceable. Summary: To prove a will in court, you must: Submit the original will. Show it was signed by the testator and attested by two witnesses. Have at least one witness testify to its execution. Prove the testator was of sound mind and acted freely. Address and remove any suspicious circumstances if raised.

Answer By Ayantika Mondal

Dear Client, Proving of a Will in the court is usually a legal procedure known as probate, whereby the Will is proven as being the true Will of the deceased and his final legal testament. The exact procedures will depend on the jurisdiction, but the general procedures and evidence required are aimed at proving the valid execution of the Will as well as the capacity of the testator. The most important things to do when proving a will probate process. The process usually begins when a petition is filed with the relevant probate court by the executor (the individual designated in the Will to administer the estate) or some other interested party. File the Petition and Will A death certificate and the original Will are registered at the probate court where the deceased used to reside. The probate is applied or petitioned by the named executor. The optimistic element of proving a Will is to prove Will validity on the basis of the law. The court usually seeks evidence to prove the following: Correct Form: The Will should comply with the formal legal criteria of the jurisdiction. Witness Attestation: The Will should have been duly witnessed and signature of the required number of witnesses in the presence of the testator which is required by law. Testamentary Capacity: The testator was a sane person who was aware that he/she was signing a Will, contents of his/her assets and impact of distributing his/her property. Free Will: The Will was not a duress Will, a fraudulent Will, or an unduly influenced Will. Provide Evidence The most frequent and vital method to demonstrate the validity of the Will is the one that deals with the witnesses: Witness Testimony/Affidavits: In many cases, the court may need one, two or more of the attesting witnesses to testify (under oath or live) to the effect that: The testator had signed the Will (or acknowledged that he/she had signed): • They have signed the Will in presence of a testator. • They thought that the testator had a good state of mind then. Self-Proving Affidavit: When the Will contains a special document, usually a self-proving affidavit, signed by the testator and witnesses and usually notarized when it is performed, it may greatly ease or even dispense with the subsequent witness testimony. Handwriting Analysis: In case of the absence of witnesses, other evidence may be accepted in the court including evidence of the handwriting of the testator and /or a witness. Counter Arguments (Will Contest) Should one dispute the Will, the burden of proving such opposition normally lies on the objector, to prove that: • The testator did not have the testamentary capacity. • The Will was of unnecessary influence or fraud. • The Will was not duly signed The holder of the Will (the executor or beneficiary) must, in its turn, provide evidence to disprove such statements, which may include medical history, previous correspondence, or the evidence provided by people being close to the testator. I hope this answer helps; if you have any further questions please don't hesitate to contact us. Thank you