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Contesting mother's registered will with witness and dr certificate


27-Aug-2026 (In Wills / Trusts Law)
My mother made registered will with witness and dr certificate influenced by my brother. Leaving nothing to me as daughter. Can I contest will for any reason , especially she was under psychiatrist medication 2 months after will and 1.5 yr later diagnosed with dementia and what are chances ? My mother would hv never done this but my brother influenced her mentally for his benefit. I feel defrauded , is there any chance or hope to win or let it go for 10 15 years atleast?
Answers (2)

Answer #1
867 votes
A Will takes effect only upon the death of the person who made it. Until your mother’s lifetime, the registered Will does not transfer ownership of her property to your brother, nor does your brother acquire any vested right merely because he is named as beneficiary. Yes, the Will can be legally challenged, and the facts stated by you justify a detailed examination rather than simply accepting the Will because it is registered. Under the Indian Succession Act, registration of a Will and even the presence of witnesses or a doctor’s certificate do not make the Will unquestionable. The person relying upon the Will must ultimately establish that your mother understood the nature and consequences of what she was signing, was acting voluntarily, and that the Will was duly executed.
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Advocate Sanil Sarkar

Adv. Sanil Sarkar

LawRato Navi Mumbai | 100+ Answers
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Answer #2
746 votes
Yes, there is a possibility of challenging the Will, depending on the circumstances and evidence available. The facts regarding your mother’s psychiatric medication, subsequent dementia diagnosis, and alleged influence by your brother are relevant. For a detailed assessment of the Will and your legal options, you may consult Adv. Amit Yadav
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Advocate Amit Yadav

Adv. Amit Yadav

LawRatoMumbai | 25+ Answers
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