- 07-Jun-2025
- Cyber and Technology Law
A will reflects a person’s wishes regarding the distribution of their assets after death. However, if a person lacked the mental capacity to understand what they were doing when making the will, its validity can be challenged. Mental incapacity at the time of making the will is one of the grounds on which a will can be contested under Indian law. The challenge typically hinges on whether the testator had the mental ability to comprehend the nature of their actions and the consequences of making the will.
Under Indian law, specifically the Indian Succession Act, 1925, a will can be challenged if the testator lacked testamentary capacity at the time of making the will. Testamentary capacity means that the person making the will (the testator) must be of sound mind, able to understand the nature of the act they are performing (making a will), the extent of their property, and the individuals or beneficiaries who would be affected by the will.
A will can be contested if there is evidence to suggest that the testator:
To successfully challenge a will on the grounds of mental incapacity, the challenger must provide evidence that:
The testator was suffering from a mental illness or cognitive impairment at the time of executing the will. This could include medical records, expert testimony from doctors, or psychiatric evaluations.
The witnesses to the will’s execution may testify regarding the testator’s mental state at the time of signing. If the witnesses testify that the testator was confused, incoherent, or unable to comprehend their actions, it could support the claim of mental incapacity.
Any surrounding circumstances or evidence suggesting that the testator did not understand what they were doing when making the will. For example, if the testator had a history of mental illness and was in a state of confusion or delirium at the time of executing the will.
If the will made drastic or unusual changes to the distribution of assets, particularly in a manner that seems irrational or inconsistent with the testator’s previous behavior, this could raise questions about their mental capacity at the time.
The person challenging the will on mental grounds has the burden of proof. This means that the challenger must provide substantial evidence that the testator lacked the mental capacity to make a valid will. If there is any doubt or insufficient evidence, the presumption is that the will is valid.
It's important to distinguish between mental incapacity and undue influence. While mental incapacity refers to the testator’s inability to understand the act of making a will, undue influence involves someone coercing or manipulating the testator into making decisions against their will. A challenge based on mental grounds typically focuses on whether the testator had the ability to understand and make rational decisions.
Mr. Gupta, an elderly man suffering from advanced dementia, writes a will leaving all his property to his distant relatives, bypassing his children who had been caring for him. After his death, his children challenge the will, claiming that Mr. Gupta did not have the mental capacity to make such a decision due to his dementia. They provide medical records and testimony from his caregiver, who observed his confusion and inability to comprehend simple concepts in the months leading up to his death. The court, after reviewing the evidence, may decide that the will was invalid due to Mr. Gupta’s lack of mental capacity at the time it was made.
During the probate process, when the will is submitted for validation, the court will review the evidence presented by those challenging the will on mental grounds. The court may order medical examinations or appoint experts to assess the mental state of the testator at the time the will was executed. If the court finds that the testator lacked mental capacity, the will may be declared invalid.
A will executed by Mrs. Joshi, an elderly woman diagnosed with Alzheimer’s disease, is contested by her family. The will gives her entire estate to a caregiver whom she had recently hired, bypassing her children. The children produce medical records indicating Mrs. Joshi’s deteriorating mental state and testimonies from her previous caregivers about her confusion. The probate court may invalidate the will, ruling that Mrs. Joshi lacked the mental capacity to make such decisions.
In cases where a will is challenged on mental grounds, the probate court will review medical evidence and any other relevant documentation. Expert testimony may be sought to determine whether the testator was of sound mind at the time of signing the will.
If the challenge is successful, the will may be deemed invalid, and the estate may be distributed as per the laws of intestate succession or based on an earlier valid will if one exists.
Yes, a will can be challenged on mental grounds if it is believed that the testator lacked the mental capacity to make a valid will. The challenger must provide strong evidence, including medical records and witness testimony, to prove that the testator was mentally unfit at the time of executing the will. The court will carefully consider this evidence during the probate process to determine whether the will should be upheld or invalidated.
Answer By Law4u Team
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