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Can the will be rejected?

13-Jul-2023
Wills Trusts

Answer By law4u team

Yes, a will can be rejected or invalidated in India under certain circumstances. Here are some common grounds on which a will may be challenged or rejected: Lack of Testamentary Capacity: If the person making the will (testator) was not of sound mind, understanding, or was not capable of making rational decisions at the time of creating the will, it may be considered invalid. Undue Influence: If it can be proven that the testator was coerced, manipulated, or unduly influenced by someone in the creation of the will, it may be challenged and invalidated. Fraud or Forgery: If the will is found to be fraudulent or forged, it can be rejected. Non-Compliance with Legal Formalities: A will must adhere to certain legal formalities, such as being in writing, signed by the testator, and witnessed by at least two witnesses. Failure to comply with these formalities may result in the will being considered invalid. Revocation or Superseding Will: If the testator created a subsequent will that revokes the previous will, the earlier will may be invalidated. It's important to note that the process of challenging a will can be complex and requires proper legal representation. If you believe that a will should be rejected or invalidated, it is advisable to consult with a qualified legal professional who specializes in wills and estates law in India. They will be able to guide you through the specific legal procedures and provide you with appropriate advice based on the circumstances of your case.

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