A will is the legal instrument that permits a person, the testator, to make decisions on how his estate will be managed and distributed after his death
Will is complete if it is signed by a testator in his complete senses and without any pressure, coercion and is witnessed by two witnesses.In some states probate of a will is necessary after the death of the testator.Will does not require to be registered but if done is an added value as it is then witnessed by a government official during his official duty.Will can only be disputed on the following grounds
a. Will was made under pressure or by coercion, undue influence, by decepting testator
b. Testator was not in his senses while he made the will
A will executed as a result of undue influence, fraud, or mistake can be declared completely or partially void in a probate proceeding.
Probate-The probate of a will means proving its genuineness in probate court. Unless otherwise provided by statute, a will must be admitted to probate before a court will allow the distribution of a decedent's property to the heirs according to its terms.
Probate of a will can be opposed on the folowing grounds
a. Incapacity of the testator at the time the will was made
b. Failure to comply with the formalities required by law
c. Any matter sufficient to show the nonexistence of a valid will
Mandeep Singh Khillan