Top reasons Will disputes happen
Most inheritance fights in India trace back to one root cause: the Will was not written, executed, or explained properly.
The scale of the problem in India
Succession disputes are not rare skirmishes; they clog Indian courts. An estimated 1.5 million inheritance-related cases were pending as of 2025, with succession cases often taking 2–5 years to resolve and attracting 3–4% court fee on asset value. Surveys suggest that only around 2-10% of Indians have a Will at all, which means a large share of estates are either intestate or governed by weak, poorly drafted Wills.
Top reasons Will disputes happen
1. Ambiguous or contradictory wording
Many Indian Wills use vague phrases like “divide fairly” or “as they decide among themselves,” which courts find difficult to interpret and heirs find easy to fight over. Contradictory clauses (for example, gifting the same property to different people in different parts of the Will) are also a common ground for litigation.
2. Improper execution and witnessing
A large number of Wills are challenged for not meeting basic formalities under the Indian Succession Act, 1925—missing or incomplete signatures, lack of two proper witnesses, or beneficiaries acting as witnesses. Courts often treat such defects as “suspicious circumstances,” putting a heavy burden on the propounder of the Will to prove its genuineness.
3. Lack of testamentary capacity
Heirs frequently allege that the testator was not of sound mind due to age, illness, or medication when the Will was signed. Section 59 of the Indian Succession Act requires that the testator understands the nature and effect of the Will; any doubt here becomes a strong ground to contest.
4. Undue influence, coercion, and fraud
Indian courts routinely see challenges where one heir living with or “controlling” the testator is accused of manipulating the Will. Allegations include coercion, pressure, or fraud (such as substitution pages, forged signatures, or last-minute changes) and are among the most common reasons Wills are struck down.
5. Suspicious circumstances around the Will
Courts look closely at “suspicious circumstances”: exclusion of natural heirs without reason, major benefit to one person in a position of dominance, or drastic departure from past patterns of gifting. If these factors are not clearly explained in the Will or supported by evidence, judges often refuse probate or demand strict proof.
6. Incomplete asset details and beneficiary information
Another frequent trigger is poor listing of assets and unclear identification of beneficiaries. Wills that say “all my gold” or “all my money” without specifying accounts, properties, or full names and relationships leave significant room for confusion, overlap, and disputes, especially with multiple properties and beneficiaries.
7. No provision for minors, dependants, or contingencies
Disputes also arise when Wills fail to appoint guardians for minor children, ignore vulnerable dependants (elderly parents, disabled heirs), or omit backup plans if a beneficiary or executor dies first. In such cases, courts must improvise solutions, often leading to friction between branches of the family.
8. Clash with personal law and nomination myths
In India, different communities are governed by different laws: the Hindu Succession Act, Muslim personal law, Christian and Parsi rules, and the Indian Succession Act. Many families also wrongly assume that a nominee automatically becomes the owner of assets; in reality, nominees often hold assets in trust for legal heirs, creating fertile ground for disputes between nominees and other heirs.
What “properly written” actually means
A properly written Will in India is not just a piece of paper with signatures; it is a document that:
Uses clear, consistent language and explains any unequal distribution.
Complies with execution formalities under the Indian Succession Act, 1925.
Lists assets and beneficiaries precisely, with full details.
Anticipates contingencies (predeceased beneficiaries, new heirs, executors’ death or refusal).
Done right, a Will reduces the chance of litigation; done casually, it becomes the very reason families end up in court for years.