Challenge will of my Grand Mother’s self-acquired property.
8 months ago
My father's family consist of 4 Members [ Elder daughter, Elder brother [My father] and 2 younger brothers.
My Grand Mother’s self-acquired property was willed during her hospitalization without the knowledge of elder son and all remaining 3 members are enjoying the property as per the registered will.
Is there any scope to challenge the will and we came to know recently the property and will. Will executed date is 06/08/1997.
My father got expired last year.
A.Dear Client,
Legal Grounds for Challenging a Will: Common legal grounds for challenging a will include lack of capacity (if the person making the will wasn't mentally competent), undue influence (if someone coerced or manipulated the testator into making the will), fraud, forgery, or if the will wasn't executed properly according to legal requirements.
Time Limit for Challenging a Will: There is usually a statute of limitations within which you can challenge a will. Since the will you mentioned was executed in 1997, it's important to consider whether the time limit for challenging the will has already passed in your jurisdiction.
Standing to Challenge: Generally, only those who have a legal interest in the estate would have standing to challenge a will. This typically includes beneficiaries who are negatively affected by the will or those who would inherit if the will was invalidated.
Evidence and Documentation: If you intend to challenge a will, you will likely need to gather evidence that supports your claims, such as medical records indicating lack of capacity, witness testimonies about undue influence, etc.
Status of Property and Family Dynamics: The fact that the property has been enjoyed by the remaining family members as per the registered will have implications on the ease of challenging the will. The length of time that has passed since the execution of the will, along with the current family dynamics, can also impact the feasibility of a challenge.
Legal Grounds for Challenging a Will: Common legal grounds for challenging a will include lack of capacity (if the person making the will wasn't mentally competent), undue influence (if someone coerced or manipulated the testator into making the will), fraud, forgery, or if the will wasn't executed properly according to legal requirements.
Time Limit for Challenging a Will: There is usually a statute of limitations within which you can challenge a will. Since the will you mentioned was executed in 1997, it's important to consider whether the time limit for challenging the will has already passed in your jurisdiction.
Standing to Challenge: Generally, only those who have a legal interest in the estate would have standing to challenge a will. This typically includes beneficiaries who are negatively affected by the will or those who would inherit if the will was invalidated.
Evidence and Documentation: If you intend to challenge a will, you will likely need to gather evidence that supports your claims, such as medical records indicating lack of capacity, witness testimonies about undue influence, etc.
Status of Property and Family Dynamics: The fact that the property has been enjoyed by the remaining family members as per the registered will have implications on the ease of challenging the will. The length of time that has passed since the execution of the will, along with the current family dynamics, can also impact the feasibility of a challenge.
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