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.

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.