What legal steps can be taken if someone challenges a will?

What legal steps can my family take if someone challenges my will?

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Drafting a will is a time-tested and widely used method of succession planning, enabling individuals to transfer their assets to chosen beneficiaries in a manner they deem fit. A will allows you to clearly define the distribution of your estate, ensuring that your intentions are honoured. Conversely, if a person passes away without a will, they are considered to have died “intestate.” In such cases, their assets are distributed to legal heirs as per the applicable personal laws.

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While a will is a straightforward tool for transferring assets across generations, it is not immune to challenges. To minimize disputes, it is advisable to seek professional guidance when drafting a will, ensuring clarity and eliminating ambiguities. A well-drafted will can significantly reduce the risk of legal disputes after the testator's death.

Selecting the right executor is critical in estate planning. The executor’s role is to manage the legal and administrative processes after the testator’s demise and ensure the assets are distributed to the beneficiaries as per the will. The executor may also need to mediate disputes among beneficiaries. You can appoint a trusted family member or a professional corporate entity specializing in executor services.

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The law requires a will to be signed in the presence of two independent witnesses who are not beneficiaries under the will. Their role is crucial if the will is contested, as they can testify to its authenticity. Obtaining a doctor’s certificate confirming the testator's sound mental health and decision-making ability is also recommended, as it strengthens the document's credibility.

While it is not mandatory to register a will, doing so—or having it notarized—adds an extra layer of legitimacy. Registered or notarized wills are generally more readily accepted by courts, local authorities, and financial institutions.

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If a will is contested after the testator’s death, the executor and beneficiaries must defend its validity in court. A professionally drafted will that adheres to legal best practices reduces the likelihood of challenges and simplifies the resolution of disputes. Properly executed wills with clear terms and supporting documentation, such as medical certificates and witness statements, are less vulnerable to legal scrutiny.

Amit Pathak is managing director, Warmond Fiduciary Services Ltd.