How to Make Your Will Dispute-Proof: Expert Legal Tips

Writing a will is often seen as a one-time task to secure your final wishes, but even carefully drafted documents can face disputes. From high-profile Bollywood inheritances to everyday households, minor errors can trigger long legal battles.

Common Reasons Wills Get Challenged

Alay Razvi, Managing Partner at Accord Juris, identifies key causes:

• Lack of testamentary capacity

• Undue influence or coercion

• Fraud or forgery

• Improper execution or missing witnesses

• Clerical errors or vague language

• Conflicting newer wills

Shweta Tungare, Co-founder of Law Tarazoo, adds that poor drafting and procedural lapses are frequent culprits, especially when family members feel excluded or coerced.

Steps to Ensure a Legally Sound Will

1. Clear Drafting: Use unambiguous language and accurate names for all beneficiaries.

2. Follow Legal Formalities: Comply with Section 63 of the Indian Succession Act, 1925. Sign in the presence of two independent witnesses, who also sign in your presence.

3. Professional Guidance: Engage a lawyer for legal compliance and a financial advisor for tax-efficient estate structuring.

4. Additional Proof: Consider a medical fitness certificate and a short video recording at signing to confirm sound mind and free will.

5. Periodic Review: Update the will after major life events like marriage, divorce, or acquiring property.

Common Mistakes to Avoid

• Using informal templates or handwritten notes

• Ignoring digital or non-probate assets

• Not naming guardians for minors

• Failing to update after life events

• Skipping witness verification or registration

Role of Witnesses and Registration

Witnesses confirm the will was executed voluntarily and with a sound mind. Registration is optional but recommended, adding credibility and making the document part of public record, which reduces forgery risk.

Open Family Communication

Transparency with family prevents misunderstandings. Clearly explain gifts, bequests, and reasoning behind decisions. Periodic discussions maintain trust and reduce emotional disputes.

A properly drafted, legally compliant, and clearly communicated will not only protects your assets but also preserves relationships. Using professional guidance, correct witnessing, optional registration, and open family dialogue ensures your final wishes are respected and courts are kept at bay.