Is beneficiary's right affected if Will is challenged in court?
My mother is presently 85 yrs old. My father had executed an undated will in 2005 in favour of my mother before he died in 2007. It was witnessed by my 2nd brother and his friend. My 3rd brother has filed a case for partition and challenged the will also. It seems my fathers signature is not tallying. Will it affect the right of my mother?
My brother who has filed the case is alleging that my brother who witnessed the will has done a fraud although he is not a beneficiary in any manner. Will it affect my brother who had witnessed the will?
I am in favour of my mother.
See firstly with respect to the validity of the will that shall be tested by the Court. There shall be forensic analysis, the evidence of 2 witnesses shall be taken into account, other circumstantial evidence shall also be considered and thereafter the validity of the will shall be decided.
If the Court decides that the will is not valid then yes your mother’s right shall be affected.
Now the fact that your brother is alleging that the other brother has played fraud, for the same he shall have to adduce evidence and the fact that he is not even a beneficiary in the said will then it shall be difficult for your other brother to prove that he played fraud. It will only affect your brother if your other brother is able to prove that there was fraud.
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