Will is the last wish of any person. If a person has earned any money and that money is split between his movable and immovable property, he or she may make a will about that property while still alive. A person’s decision regarding his property during his lifetime constitutes a will, and that decision must specify who the person wants his property to be handed to after his death.
A person may make a will about his movable and immovable property while he is still alive if he has earned any money and has split it among both types of property. A person’s decision regarding his property during his lifetime constitutes a will, and this decision must specify who the property should be handed over to after his death.
Any person can bequeath his earned property to any person or institution. As long as that person lives, the property belongs to that person and when that person dies then the property is given to the person decided by him. When a person dies without making a will, his property is divided through the law of succession.
The will is considered as the last will of a person and kept away from any legal proceedings. No stamp is required to write any will and it is not necessary to get it registered, any person can get the will registered if he wants.
Nowadays, fights are seen in families over property. Some members of the family want to grab the entire property. In such a situation, members also make fake wills. There are some ways of writing a will and there are some laws. If the will is properly and without basis, it can be challenged in court and proved to be false. There are some following grounds which can prove a will to be false:-
Will against will of Author
If the facts of the will are such as to appear against the will of the author, then it can be challenged in court. A will against the will occurs when the person does not want to write and he has been made to write the will.
Will is written under influence
If the will has been written from the executor in any undue influence, then there is no validation of such will also. Undue influence is that in which the person writing in whose interest the will is being written is under the influence of that person. Like a person has five children and that person wrote his will in the name of one of the children and the person in whose name he has written the will lived with the person who wrote the will.
If a person is living with a person then it is possible that he can govern more of his will. Therefore, he can get the person whose property is in writing anything, such consent is not considered free consent.
Forcing a sick person to write a will
If the executor is a sick person and he is not aware of anything and a will has been made from such sick person, then such will is not considered valid. This will is also invalid because the intellectual capacity of a sick person is almost exhausted and he is unable to take any right kind of decision. In such a situation, he has no understanding as to what kind of decision he is taking and what will be the consequences of this decision.
It is commonly seen that people get their sick parents to write a will in their name. Parents do not even understand what documents they signed. Because the will is valid even on a blank paper, there is no need for its registration, so any person can write such a document at home by signing on a blank paper.
On the basis of Witness
Two witnesses are required in any will. These witnesses prove that the will was written in front of them and that the author had read out such a will. After that they signed that will. The people who have signed it also need to be alive. A Will is still in doubt if the signatures of persons who were already ill or aged who were likely to die early are taken as witnesses.
Such a will can be challenged in court. The basis of witnesses in a will is an important basis, it is also seen that the witnesses who have been implicated in a will are related to the person for whom the will is written. Even if the witnesses are relatives or friends of the person in whose interest the will is written, the court still holds that the will may be forged.
On the basis of content of the will
The content of a will is also a major basis for its validity. If any heirs have been evicted in a will and the reason why such eviction has not been given, the reasons for which the property has not been given to some heirs, then also the will can be considered fake. If a person has refused to give property to certain heirs, the grounds for such refusal should also be stated.
For example, if any child or heir does not behave properly towards the person whose property belongs to him or he has gone astray or he has converted to religion or engages in improper acts etc. These are all reasons which become grounds for not giving property to any person. Therefore, it is also seen in the will that if the property has not been given, then why has it not been given.
Will made by an insane person
No will can be made by any insane person because an insane person does not have the capacity to take any decision in relation to himself. The law prohibits an insane person from making a will. The interests of an insane person are better known by his patrons, so an insane person cannot make a will. A will has been made from a person who is not mentally sound, even then the will can be declared invalid by challenging it in court.
We should note that the will is not related to its being registered. If a Will has been registered, then the person writing another Will has written on a blank paper, then the second will be valid and the former will not have any force even if it is registered. Because in the case of a will, it is the law that any person can change his will at any time. Any will is a final will. The will which was written by the person just before the death is considered as the last will, even if it is now on blank paper.
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