Contest will by excluded child
2 years ago
What are the chances to succeed in contesting will by excluded child ?
On what ground can the child context the will?
Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
A.To give opinion, it is necessary to know whether that Will is registered or not as well as the relevant facts. Usually the registered Will cannot be challenged until and unless it is proved through medical report that the testator ( the person who made that Will) was not in sound mental health at the time of execution of that Will, if beneficiary or spouse of beneficiary is the attesting witness and if no doctor was the attesting Witness thereof. Unregistered Will can be challenged on many grounds which includes coercion, undue influence, force etc and even the signature of that testator can be challenged.
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A.Dear Client
The excluded child can contest the will mostly on the ground of illegality or invalidity of the will. Try to see if the will was created by coercion or fraud. Also check the validity of will from this angle also whether the maker (testator) was capable enough to make a will on the property or not.
The excluded child can contest the will mostly on the ground of illegality or invalidity of the will. Try to see if the will was created by coercion or fraud. Also check the validity of will from this angle also whether the maker (testator) was capable enough to make a will on the property or not.
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A.Dear Client
Please be clear with your facts and be specific in your question. However, if you can prove any of the following grounds, your chances of contesting a Will and having it overturned become increasingly more likely to succeed.
Thanks
Regards
Please be clear with your facts and be specific in your question. However, if you can prove any of the following grounds, your chances of contesting a Will and having it overturned become increasingly more likely to succeed.
Thanks
Regards
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