Creation of a valid will

1. The testator must clearly identifies himself as the maker of the will, and that a will is
being made; that is commonly called “publication” of will, and is completely satisfied by
the words “last will and the testament” on the face of the document

2. The testator should declare that he revokes all previous will and codicils. Otherwise a
subsequent will revokes earlier wills and codicils only to the extent to which they are
inconsistent with the earlier one, the earlier will is considered completely revoked by
implication.

3. The testator must have the capacity to dispose of his property i.e. sound mind and does
so freely and willingly.

4. The testator must sign the will and date the will usually in the presence of at least two
disinterested witnesses i.e. who are not the beneficiaries. If witnesses are receiving
property it has the effect of either disallowing them to receive under the will or
invalidating their status as witness.

Grounds on which a Will can be challenged

 Fraud, Coercion, Undue influence

Supreme Court in the case of Shivakumar & Others. v. Sharanabasppa (2020) held that if a
person challenging the Will alleges fabrication or fraud, undue influence, coercion etc. in
regard to the execution of the Will, such pleas have to be proved by him. But  even in the
absence of such pleas,  the very circumstances surrounding the execution of the Will may
give rise to doubt or as to whether the Will had indeed been executed by the testator
and/or as to whether the testator was acting of his own free Will.

 Suspicious nature

Supreme Court in the case of Kavita Kanwar vs Mrs. Pamela Mehta (2020) held
that A circumstance is considered “suspicious” when it is not normal or is ‘not
normally expected in a normal situation’ or is ‘not expected of a normal person’.

Illustrative instances of suspicious circumstances could be a shaky or doubtful

signature of the testator; feeble or uncertain mind of the testator; an unfair
disposition of property; an unjust exclusion of the legal heirs and particularly the
dependants; an active or leading part in making of the Will by the beneficiary.
However, such suspicion should be real and valid, and not merely a fantasy of a
doubting mind.

 Lack of due execution

 Lack of testamentary intention

 Lack of testamentary capacity

 Lack of knowledge and approval

 Forgery

 Revocation