How a fake Will can be challenged in court

Will is the ultimate wish of any man. If a person has earned money and such money is distributed in his real estate, then he can have a will in relation to such property in his lifetime. A will means a person making a decision regarding his property in his lifetime and such a decision mentions who to give his property after his death. Any person can give his earned property to any person or organization. As long as that person is alive, property belongs to that person and when that person dies, the property is given to the person he has decided. When a person dies without a will, his property is divided through law of inheritance.

The will is kept away from any legal action by considering a person’s last wish. No stamp is required to write a will and it is not necessary to be registered, a person can also register a will if he wants. Nowadays, fights over property are seen in families. Some family members want to grab all the property. In this way, members also make fake wills. There are some ways to write the will and some laws. If the will is inappropriate and baseless then it can be proven fake by challenging in court. Following are the grounds on which a will can be proven fake.

Will against desire:

If the fact suggests that the Will appears to be written against the desire of the writer then it can be challenged in court. Will against desire is when the person does not want to write a will and the will has been written under some pressure again his wish. If the will is written under unequal effect from the executor, then there is no validation of such will. If a person is living with a person then it is possible that he can more govern his desire. So he can get anything written and it is not considered independent consent.

Getting a will written by a sick person

If the executive is a sick person and is not aware of anything and a will has been written from such a sick person, then such will is not considered valid. This will is also invalid because a sick person’s intellectual ability is almost expired and is unable to make any right decision. In such a situation he has no understanding what kind of decision he is taking and what will be the consequences of this decision.

It often comes to notice that people get their sick parents write will in their name. Parents don’t even understand what documents they signed. Because the will is valid even on a blank paper, there is no need for registration, such a document can be written by anyone at home by signing a blank paper. The base of witnesses is required in any will for two witnesses. These witnesses prove that the will was written in front of them and the writer had read such will. Then they signed that will. People who signed need to be alive too. If the signatures of individuals who were already sick or elderly who were likely to die early, the will still fall in doubt. Such a will can be challenged in court.

Content of will

The content of the will is also a major basis for its validity.. If a person has refused to give property to some successors, then the basis of such denial should also be described. Like if a child or heir does not behave rightly towards the person whose property is or has been misled or has converted religion or engaged in unfair acts etc. This is all the reasons that become the basis for one being given no property. So in the will it also see that if the property has not been given then why is it not given.

Will by a mad person

No will can be made by any mad person because a mad person is not capable of making any decisions in his relationship. Law prevents a mad person from doing will. A mad man’s welfare is better known by his guardians, so a mad man cannot do a will. A will has been made from a person who is mentally unhealthy but the will can be challenged in court and declared illegal.