Demystifying the Validity of a Notarised Will in Indian Courts

Greetings! We’re often presented with the question surrounding notarisation of a Will and what it can do for people. So, today we are going to tackle a vital question that's often asked, but seldom understood in its entirety - \"Is a notarised Will valid in court, and can it be challenged?\" It might sound like a mouthful, but worry not. We're going to peel back the layers, break it down, and ensure you leave with a clear understanding. So, without further ado, let's dive right in!

Unraveling the Concept of a Notarised Will

Before we address the million-dollar question, let's take a quick refresher course on what a notarised Will is.

• A notarised Will is a legal document, representing a person's wishes about the distribution of their property after their demise, which has been authenticated by a Notary Public.
• A Notary Public is a neutral third-party authorized by the government to perform legal formalities, including verifying the identity of the parties involved and their understanding of the document.
• The process of notarisation provides a layer of validation and trust to the Will.

The Validity of a Notarised Will in Court

Now, let's address the heart of the matter: is a notarised Will valid in court? The answer is yes, a notarised Will is valid in court. The Indian Succession Act, 1925, doesn't mandate a Will to be notarised or registered. Even a simple handwritten Will (Holographic Will) is considered valid if it fulfills certain criteria, like being signed by the testator and witnessed by two individuals.

However, the presence of a Notary Public stamp certainly adds an extra layer of authentication, making the Will harder to dispute.

Can a Notarised Will be Challenged?

As for the second part of our question - can a notarised Will be challenged? The answer, contrary to popular belief, is yes. Despite the authentication of a Notary Public, a notarised Will can still be challenged in court under certain circumstances, such as:

• If there's a suspicion of fraud or coercion in the making of the Will.
• If the testator was not of sound mind while making the Will.
• If the Will does not meet the basic legal requirements like proper signatures, witnesses, etc.

Notarised Will vs. Registered Will: A Comparative Snapshot

Let's compare notarised and registered Wills to further understand their standing in court.

Notarised Will

• Verified and stamped by a Notary Public
• Adds an extra layer of authentication
• Can be challenged in court
• Notary verifies the testator’s identity and state of mind

Registered Will

• Registered with the Registrar of Assurances
• Provides stronger legal evidence
• Difficult to challenge in court
• Registrar verifies the identity of the testator and witnesses

Wrapping It Up

While a notarised Will is certainly valid in court and carries a degree of weight due to the verification by a Notary Public, it can still be challenged under certain circumstances. However, getting your Will notarised can be a step in the right direction, ensuring an additional layer of authentication and making it harder to dispute.

Nonetheless, it is always a good idea to consult with a legal expert to ensure your Will stands firm, safeguarding your assets and fulfilling your wishes. We hope this blog has shed some light on the validity and potential challenges to a notarised Will in court.

Laws exist to ensure fairness, and understanding them is the first step towards ensuring your rights and wishes are respected.

Got more questions? Reach out to our team of legal experts at +91 80692 32888, drop a WhatsApp message on +91 87644 47848, or write to us at [email protected] to know more about Wills, notarisation, and registration.