Many people assume that writing a will is a one-time task that permanently seals their final wishes. In reality, even the most carefully drafted wills can face disputes, often turning what should be a symbol of clarity and care into a source of conflict. From high-profile Bollywood families to ordinary households, inheritance battles show that a missing signature, an overlooked clause, or vague wording can trigger years of legal wrangling.
Experts emphasize that careful drafting, adherence to legal requirements, and periodic reviews are essential to ensure that a will reflects the testator’s intentions and minimizes the risk of litigation. Alay Razvi, Managing Partner at Accord Juris, explained that common reasons for wills being challenged include lack of testamentary capacity, undue influence, fraud, forgery, improper execution, and revocation by a more recent will. Even minor clerical errors or ambiguous language can lead to disputes, he said, and stressed the importance of working with an experienced estate planning lawyer to follow all formalities correctly.
Shweta Tungare, Co-founder of Law Tarazoo, echoed these views, highlighting that poor drafting and procedural lapses are major causes of contestation. “Most disputes arise from allegations of undue influence, lack of capacity, or unclear language. Procedural lapses like missing witnesses or suspicious circumstances can make a will vulnerable,” she explained. She recommended drafting a will in unambiguous language, executing it under Section 63 of the Indian Succession Act, 1925, and obtaining signatures from two independent witnesses present with the testator.
Additional safeguards, according to Tungare, include securing a medical fitness certificate and recording a short video of the testator signing the will. These measures help establish that the person was of sound mind and acting voluntarily. Razvi added that periodic review and updating of wills is crucial, especially after major life events like marriage, divorce, or acquiring new property.
Common mistakes people make include improper execution, failure to update the will, neglecting digital or non-probate assets, vague language, and not naming guardians for minor children. Using informal templates or handwritten notes without legal vetting often results in unclear or invalid documents. While registration of a will is optional, both experts agree it adds legal credibility, makes tampering difficult, and serves as evidence against challenges. Witnesses provide independent confirmation that the will was signed voluntarily and with full understanding.
Transparency with family members is another key factor. Razvi emphasized that explaining the rationale behind bequests and having open discussions can prevent surprises and reduce emotional disputes. Tungare recommended family meetings and written communication to maintain trust and clarity, ensuring that the testator’s intentions are respected.
Ultimately, a well-drafted will combines legal compliance, professional guidance, proper witnessing, optional registration, and family transparency. When executed correctly, it not only protects the testator’s assets but also preserves family relationships, preventing misunderstandings and lengthy court battles. A properly prepared will gives families peace of mind, ensuring that final wishes are honored while maintaining harmony.
