Validity of the "Will" may be challenged due to Lack of execution
 A Valid WILL must be in writing and duly signed by the testator in presence of two qualified witnesses, the two qualified witnesses should also sign the WILL in presence of the Testator.
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 A qualified Witness is someone whohas attained majority, a citizen of India, a person of sound mind and who is not insolvent.
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 Validity of the "Will" may be challenged due lack of testamentary intention
 When the testator never had the intention to Make a WILL, It is usually clear on the face of the Will that it is designed to take effect as a Will.
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 Validity of the "Will" may be challenged due lack of testamentary capacity
 It is imperative For a WILL to be executed by the testator to be in Sound state both in physical and mental state of mind.
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 the testator should make the WILL in a stable state of mind i.e not under medication, or drugs or alcohol etc.
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 Validity of the "Will" may be challenged due lack of knowledge and approval
 The court presumes that a Will is made by a Testator in Sound mind and circumstances, Unless the court has reasons to believe that the WILL was created by duress, force or in influence of the beneficiary.
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When Validity of the WILL is challenged in Court
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Property & Inheritance Laws
Sat, May 12, 18, 12:18, 7 Years ago
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Validity of the Will may be challenged due to Lack of execution
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Entertainment Law ( 3 )
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Family Law ( 245 )
General Practice ( 64 )
Health Care Law ( 26 )
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