Can a will be challenged after twelve years of drafting? What is the time limit to challenge a will

In India, a will can be challenged even after twelve years of its drafting, but the process of challenging a will becomes more complicated and difficult as time passes.

Under the Indian Succession Act, any person who is interested in a will, whether as an executor or beneficiary or otherwise, can challenge the validity of the will in court. The grounds for challenging a will include:

1. Lack of testamentary capacity: If the testator (person who made the will) was not of sound mind when the will was made, the will can be challenged on the grounds of lack of testamentary capacity.

2. Undue influence: If the testator was unduly influenced by someone to make the will in a certain way, the will can be challenged on the grounds of undue influence.

3. Fraud or misrepresentation: If the testator was induced to make the will by fraud or misrepresentation, the will can be challenged on these grounds.

4. Execution formalities: If the will was not executed properly as per the legal formalities, the will can be challenged on these grounds.

However, in order to challenge a will after a long time, the burden of proof on the challenger becomes higher. The court will require strong evidence to establish the grounds for challenging the will and to prove that the delay in challenging the will was justified. The court may also consider factors such as the reasons for the delay, the conduct of the challenger, and whether any prejudice has been caused to other beneficiaries.

Therefore, it is generally advisable to challenge a will as soon as possible after it is made, rather than waiting for a long time.