The validity of a Will in India is governed primarily by:

• Indian Succession Act, 1925 (especially Sections 59, 61, and 63)

• Indian Evidence Act, 1872

A Will (Testamentary Document) must fulfill certain conditions to be valid. If these are not met, the Will can be declared invalid by a court.

Conditions Under Which a Will is NOT Valid

Here are the most common legal grounds on which a Will may be held invalid:

1. Lack of Testamentary Capacity

Under Section 59 of the Indian Succession Act:

“Every person of sound mind not being a minor may dispose of his property by Will.”

A Will is invalid if:

• The person (testator) is a minor (under 18 years).

• The person is of unsound mind, intoxicated, or insane at the time of making the Will.

2. Absence of Free Will / Coercion / Undue Influence / Fraud

As per Section 61:

“A Will or any part of a Will, the making of which has been caused by fraud or coercion, or by such importunity as takes away the free agency of the testator, is void.”

Invalid if:

• The Will was made under threat, pressure, or manipulation.

• The testator was forced to include or exclude someone.

• Fraud was played upon the testator about the contents.

3. Improper Execution

As per Section 63 of the Act:

“The Will shall be signed by the testator and attested by two or more witnesses.”

Invalid if:

• The Will is not signed by the testator.

• It is not attested by at least two witnesses in the presence of the testator.

• Witnesses are not competent (minor or mentally unsound).

4. Forgery or Tampering

A Will is invalid if:

• It is forged, altered, or tampered with after execution.

• Any page or signature is missing or replaced.

5. Suspicion or Unnatural Dispositions

The court may declare a Will invalid if:

• There are suspicious circumstances, like:

  • Major beneficiaries involved in drafting the Will.

  • Sudden change in beneficiary just before death.

• The Will disinherits natural heirs without reason.

• The testator was seriously ill or incapacitated at the time of execution.

6. Revocation of Will

Under Section 62, a Will becomes invalid if:

“A Will may be revoked by the testator at any time when he is competent to dispose of his property by Will.”

A Will is invalid if:

• A new Will is made (latest one prevails).

• The testator destroys it voluntarily.

• The Will is replaced by a registered codicil or another registered Will.