Feeling ignored in a family will? Here's how inheritance law sees it

Inheritance Law: Understanding valid grounds, evidence needs and your options in inheritance fights

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Inheritance disputes can be emotionally draining, especially when a will seems unfair, incomplete or influenced by someone else. Many families assume that inequality in a will is enough to question its validity, but the law sets a far higher bar. Understanding what counts as a “valid objection” can help families act quickly and avoid long, expensive legal battles. 

Red flags that families often miss

According to Jyoti Sinha, partner at Khaitan & Co, families frequently overlook subtle but important warning signs because

 

they are unaware of what the law requires to prove a manipulated will. She explained that deliberate closeness of a particular beneficiary to the testator over time, especially if aimed at influencing decisions, can be an early signal of coercion or undue influence.

 

Sinha added that other indicators include irregularities in the testator’s signature, the absence of a proper doctor’s certificate confirming mental capacity, and missing initials on overwriting or cancellations. While these do not automatically invalidate a will, they are “indicators of a manipulated will” and should prompt closer scrutiny.

 

Evidence you must collect early

Acting promptly is critical.

 

Sinha advised preserving documents that can help establish whether the bequests are natural or suspicious. These include unquestionable samples of the testator’s signature, photographs, correspondence, a timeline of events during execution, and information about the testator’s physical and mental state at the time.

 

She cautioned that families often underestimate the importance of documents already in their possession. “It is advisable to share all documents pertaining to the testator with your lawyer and let them evaluate its relevance,” she said.

 

How courts assess influence or mental capacity

Courts place significant emphasis on whether the testator acted freely and fully understood the consequences of signing the will. Sinha noted that judges examine the circumstances of execution to determine whether the testator was free from illness, intoxication or other factors that impaired judgment. The legal threshold for proving undue influence is “quite high”, she said.

 

If you have been excluded from a will

Exclusion alone is not always a ground to challenge. Sinha explained that the first step is to understand how the estate would have devolved without a will. A legal heir may challenge “unnatural exclusion”, but this claim is generally not tenable for self-acquired property. It may, however, be valid for ancestral property. Given the complexity, Sinha recommends consulting a lawyer before initiating any action.