Feeling Cheated By A Will? Know The Legal Grounds To Challenge It |
In the grief, shock and emotional turmoil that follows the death of a loved one, many families hope a Will offers clarity and closure. Yet, sometimes what is written in that Will can feel deeply unfair, even unjust. Maybe a parent excluded a child; maybe the distribution feels skewed; maybe there are sudden changes that raise serious doubts.
If you feel cheated, you’re not powerless — the law offers pathways, but only if you know what grounds truly matter. Under the Indian Succession Act, 1925, the Testator (the person who makes the will) has broad testamentary freedom, that is, the right to distribute his selfacquired property as he wishes, even if that means leaving someone out. So, simply feeling “unhappy” or “unfairly treated” doesn’t automatically entitle you to challenge a Will.
What the courts look for are concrete legal grounds and not........