Common Will-Related Disputes in India


A will is a legal document that determines how a person's assets and property should be distributed after death. It is an important tool for estate planning, ensuring that a person's wishes are carried out after they pass away, in accordance with the laws related to will. But in India, will-related disputes are common, particularly due to the complexity of family structures.

The significance of having a valid will cannot be overstated, as it can prevent disputes among heirs and ensure that one's assets are distributed in accordance with their wishes and the applicable Will laws. However, disputes related to wills can often arise, leading to legal battles and prolonged litigation. In this article, we will discuss will-related disputes and provide insights into how they can be avoided or resolved.

Lack of Testamentary Capacity

Lack of testamentary capacity is a common dispute that can arise in wills. The concept of testamentary capacity refers to the mental capacity of a person to make a will. In other words, it means that the person making the will must be of sound mind and have the ability to understand the nature and extent of their assets, the effect of making a will, and the consequences of the dispositions made in the will.

If a person lacks testamentary capacity, the validity of their will can be challenged. The lack of testamentary capacity can be due to a variety of reasons, such as mental illness, old age, or the influence of drugs or alcohol. Lack of testamentary capacity is one of the most common grounds for challenging a will in India.


To prove that a person lacked testamentary capacity, the challenger must provide evidence that at the time the will was made, the testator was unable to comprehend the nature of the testamentary act, the extent of their property, or the objects of their bounty. The challenger may present medical records, testimony from witnesses who were present at the time the will was made, or other evidence to support their claim.

To resolve this point, the court may appoint a medical expert to examine the testator's mental capacity at the time of making the will. The expert will examine the testator's medical records and may interview witnesses to determine if the testator was of sound mind when making the will. The court may also consider other factors, such as the testator's behavior and conduct, to determine their mental capacity.

The will may be declared invalid if the court uncovers that the testator lacked testamentary capacity. In such a case, the court may distribute the testator's assets as per the laws of intestate succession. However, if the court finds that the testator had the necessary mental capacity, the will shall be upheld as valid, and the assets will be distributed according to the terms of the will.

Undue Influence

Undue influence is a legal concept that refers to a situation where someone uses their power or authority to influence the decisions of another person, particularly when making a will. This will dispute can arise If it is alleged that the testator was unduly influenced by someone to make a will in a particular way.


Undue influence can be difficult to prove because it is often a subtle and hidden form of coercion. To establish undue influence, the challenger must prove that there was a relationship of trust and confidence between the testator and the influencer, that the influencer had the opportunity to exercise undue influence, and that the influencer actually used that influence to procure the testator's will.

To prove undue influence, the challenger may present evidence of the testator's vulnerability, such as age, physical or mental illness, or isolation from family and friends. The challenger may also present evidence of the influencer's behavior, such as threats, coercion, manipulation, or flattery, to demonstrate that the influencer unduly influenced the testator.

To resolve this point, the court will consider several factors, such as the testator's mental and physical condition, the nature and extent of the influencer's relationship with the testator, the circumstances surrounding the making of the will, and the contents of the will. The court may also consider evidence of the testator's prior wishes and intentions, such as previous wills or statements made to family and friends.

If the court finds that the testator was unduly influenced, the will may be declared invalid. The court may also take appropriate action against the influencer, such as imposing fines or imprisonment. However, if the court finds that the testator made the will freely and voluntarily, the will shall be upheld as valid, and the assets will be distributed according to its terms.

Interpretation of the Will

Interpretation of a will is the process of determining the testator's intended meaning and effect of the language used in the will. If the language used in the will is unclear or ambiguous, it may result in a dispute over the interpretation of the will.

Disputes due to ambiguity in a will can arise for several reasons, such as the use of vague language, conflicting provisions, or technical terms that are not defined in the will. Such ambiguity can lead to different interpretations of the testator's intentions, causing disputes among the beneficiaries


To resolve this point, the court will interpret the language of the will based on the testator's intention. The court will consider the language used in the will, the circumstances surrounding the making of the will, and the testator's intentions and wishes. The court will also consider any evidence that may assist in determining the testator's intentions, such as the testator's relationship with the beneficiaries, their previous statements or actions, and the nature and value of the assets involved.

In some cases, the court may resort to the rules of construction to interpret the will. These rules are a set of legal principles used to resolve ambiguities in wills. The rules of construction may vary from one jurisdiction to another, but they generally aim to interpret the will in a manner that reflects the testator's intention.

If the court finds that the language of the will is clear and unambiguous, it will give effect to the provisions of the will as written. However, if the court finds that the language of the will is unclear or ambiguous, it may need to resolve the ambiguity by interpreting the will and making a decision based on the testator's intention. In such cases, the court's decision will be binding on all parties involved.

Disputes between Legal Heirs

Disputes between legal heirs can arise when there is a lack of clarity or transparency in the distribution of assets as per the will of the deceased person. The reasons for the disputes can be many, including disagreements over the interpretation of the will, unequal distribution of assets, the validity of the will itself, or any other issues related to the inheritance.

Such disputes can lead to litigation and court battles, which can take a significant amount of time, money, and emotional stress. It can also result in the delay of asset distribution and create a strain on relationships between family members.


To resolve disputes between legal heirs, it is essential to seek legal advice from a qualified and experienced lawyer. The lawyer can provide guidance on the legal implications of the will, mediate between the parties, and provide options for resolving the dispute amicably.

It is also important to have open and transparent communication between all parties involved in the inheritance process. This includes clear and honest communication about the intentions of the deceased person, the contents of the will, and the distribution of assets. Keeping everyone informed and involved can prevent misunderstandings and disputes from arising in the first place.

In addition to seeking legal advice and maintaining open communication, it may be helpful to consider alternative dispute resolution methods such as mediation or arbitration. These methods can help parties reach a mutually acceptable agreement outside of court, saving time and resources.

It is also important to approach the situation with a willingness to compromise and find a solution that is fair and equitable for all parties involved. This may require considering creative solutions, such as dividing assets differently than originally planned or making trade-offs in other areas.

Fraudulent or Forged Wills

If there is evidence to suggest that a will is fraudulent or forged, it means that the will was not created or signed by the deceased person, or that the deceased person was coerced or deceived into signing the will. In such cases, the validity of the will may be challenged, and the court may declare it null and void.


To challenge the validity of a will based on fraud or forgery, a person must provide evidence to support their claim. This may include witness testimony, handwriting analysis, or other forms of evidence that can prove that the will is not authentic.

If a will is found to be fraudulent or forged, the court will usually revert to an earlier will, or if no earlier will is available, the estate will be distributed according to the laws of intestacy. The laws of intestacy are the default rules for distributing assets in cases where there is no valid will. These rules vary depending on the jurisdiction but typically prioritize the surviving spouse and children of the deceased.

Disputes over Executors

An executor is a person appointed by the testator (the person making the will) to carry out the instructions outlined in their will. The executor has a legal duty to distribute the estate according to the wishes of the deceased and manage the affairs of the estate. Disputes can arise over the appointment of the executor or their actions in administering the estate.

One common reason for a dispute over the appointment of an executor is when there is disagreement among family members or beneficiaries about who should be appointed. This can occur when the testator does not clearly specify who should be appointed or when there are multiple potential candidates with differing opinions. Disputes can also arise when the executor fails to properly carry out their duties or makes mistakes in managing the estate, such as not distributing assets in accordance with the will or failing to pay debts or taxes owed by the estate.


To resolve disputes over the appointment of an executor, the parties involved can try to negotiate a solution. They may need to seek legal advice or mediation to help them come to an agreement. If an agreement cannot be reached, it may be necessary to go to court to have the executor removed or to appoint a new executor.