Think twice before picking a Will writer: How close relationships can complicate probate
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Fri, Feb 20, 2026 | 02:22 PM IST

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Avoiding Will and inheritance disputes
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Think twice before picking a Will writer: How close relationships can complicate probateThink twice before picking a Will writer: How close relationships can complicate probate

Choosing a Will scribe carefully is crucial, especially if they are also a witness. While a close relative can draft a Will, it may lead to increased judicial scrutiny. A scribe can act as a witness if they intend to attest the testator's signature, a point clarified by the Kerala High Court.

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Probate of will can’t be blocked by tenant's claim: Karnataka HC clarifies occupancy vs InheritanceProbate of will can’t be blocked by tenant's claim: Karnataka HC clarifies occupancy vs Inheritance
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Handwriting opinion not required when whole Will is disputed as daughter challenges father’s Will: Supreme CourtHandwriting opinion not required when whole Will is disputed as daughter challenges father’s Will: Supreme Court
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More than 30-year-old Will fails in High Court: Why brothers lost claim to ancestral landMore than 30-year-old Will fails in High Court: Why brothers lost claim to ancestral land
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Witnesses to a Will turn hostile? How Hindu succession is decided thenWitnesses to a Will turn hostile? How Hindu succession is decided then

A will fails if its witnesses become hostile. This means the deceased's property will be distributed according to Hindu succession laws, not the will's wishes. For Hindu females, this follows specific rules under the Hindu Succession Act. The law prioritizes statutory inheritance when a will cannot be proven. This ensures a clear path for property devolution.

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Brothers can’t rewrite father’s will after mother’s death, rules HC, preserves daughters’ share in ancestral propertyBrothers can’t rewrite father’s will after mother’s death, rules HC, preserves daughters’ share in ancestral property
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Half of the disputed ancestral land sold by relatives during pendency of court case; HC says buyer’s ownership will depend on final verdictHalf of the disputed ancestral land sold by relatives during pendency of court case; HC says buyer’s ownership will depend on final verdict
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Son challenges late father’s Will giving property to aunt and late grandmother; wins case in HC as court allows Will forgery probe to continueSon challenges late father’s Will giving property to aunt and late grandmother; wins case in HC as court allows Will forgery probe to continue
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Tenants sold property bought from landlord’s wife on the basis of a Will, son raised disputes against Will; Delhi HC stays property sale till final trialTenants sold property bought from landlord’s wife on the basis of a Will, son raised disputes against Will; Delhi HC stays property sale till final trial
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SC dismisses property inheritance case as key witness disowns will, orders natural Hindu succession to apply after mother’s deathSC dismisses property inheritance case as key witness disowns will, orders natural Hindu succession to apply after mother’s death

The Supreme Court dismissed a property inheritance case. A key witness disowned a will during cross-examination. This means the property will now follow natural Hindu succession laws. The mother had filed a case against her son for property title. The trial court had given partial relief. The mother passed away during the appeal.

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