By Dr. Anup K Tiwari
Published on: 23 September 2023 at 11:02 IST
A Will is a legal document that expresses a person’s wishes for how their property should be distributed after their death. It is important to ensure that a Will is valid and enforceable, so that the testator’s wishes can be carried out.
The validity and execution of a will hold paramount significance, determining the rightful distribution of a deceased person’s assets and property. In a recent judgment, the Supreme Court of India, in the case of Meena Pradhan & Ors. v. Kamla Pradhan & Anr., Civil Appeal No. 3351 of 2014, has provided a comprehensive elucidation of the principles required for proving the validity and execution of a will. This landmark decision, delivered by a Division Bench comprising Justices Abhay S. Oka and Sanjay Karol, offers valuable insights into the intricate legal aspects surrounding wills and testaments.
The Supreme Court of India has laid down certain principles that must be met in order to prove the validity and execution of a Will
The foundation of proving the validity and execution of a will is rooted in statutory compliance. The Supreme Court, in its judgment, emphasizes the importance of adhering to the requirements laid down in Section 63 of the Succession Act. According to this section, several key prerequisites must be met to establish the authenticity of a will:
1. The Signature of the Testator
One of the primary requirements is that the testator must sign the will out of their own free will. Alternatively, the will can be signed by another person in the presence of the testator and at their direction. In either case, the signature or affixation must clearly indicate the testator’s intention to give effect to the document as their will.
2. Attestation by Witnesses
Another essential element is the attestation of the will by two or more witnesses. While no specific form of attestation is mandated, it is compulsory for the witnesses to attest to the document’s authenticity. Each attesting witness must have either seen the testator sign the will or have observed another person sign it at the testator’s direction. Alternatively, the witness should have received a personal acknowledgment from the testator regarding these signatures.
3. Witness Presence During Signing
The witnesses must sign the will in the presence of the testator, although it is not necessary for all witnesses to be present simultaneously during the signing.
Crucial Principles for Proving Validity and Execution
In addition to the statutory requirements, the Supreme Court laid down several principles to guide the determination of a will’s validity and execution:
1. Execution and Finality
The court must ascertain two fundamental aspects – that the testator executed the will, and that it represents their last will. Although mathematical precision is not required, a prudent mind’s satisfaction should be the benchmark.
2. Examination of Witnesses
For the purpose of establishing the will’s execution, at least one living attesting witness who is capable of giving evidence must be examined. This witness should not only verify the testator’s signature but also confirm that all witnesses signed the will in the testator’s presence.
3. Removal of Suspicion
In cases where doubts or suspicions surround the will’s execution, the onus falls on the person proposing the will (the propounder) to eliminate these suspicions through a compelling and convincing explanation. This responsibility becomes more significant if the initial doubt is substantial.
4. The Test of Judicial Conscience
When dealing with wills tainted by suspicious circumstances, the court applies the test of judicial conscience. This involves evaluating factors such as the testator’s awareness of the will’s content, consequences, and the nature of dispositions, the testator’s state of mind and memory at the time of execution, and whether the testator acted freely.
5. Allegations of Fraud, Fabrication, or Undue Influence
If allegations of fraud, fabrication, or undue influence are made, the burden of proof rests with the accuser. However, even in the absence of such allegations, if there are circumstances that raise doubts, the propounder must provide a cogent and convincing explanation.
6. Definition of Suspicious Circumstances
Suspicious circumstances must be real, relevant, and valid, not mere products of a doubting mind. The determination of what constitutes a suspicious circumstance depends on the specific facts and circumstances of each case. Examples include shaky signatures, mental incapacity, unfair property dispositions, or the propounder’s significant benefit from the will.
If a Will is challenged, the onus is on the propounder of the Will to prove its validity and execution. The propounder must show that the Will complies with all the statutory formalities and that the testator signed it out of their own free Will, while being of sound mind and aware of the contents of the Will. If there are any suspicious circumstances surrounding the execution of the Will, the propounder must also explain those circumstances in a satisfactory manner.
Suspicions and the Judicial Conscience Test
If there are any suspicions surrounding the execution of a Will, the Court will apply the judicial conscience test to determine whether the Will is valid and enforceable. The judicial conscience test requires the Court to consider the following factors:
- The testator’s awareness of the content as well as the consequences, nature, and effect of the dispositions in the Will.
- Sound, certain, and disposing of state of mind and memory of the testator at the time of execution.
- Testator executed the Will while acting on his own free Will.
Supreme Court’s judgment in Meena Pradhan & Ors. v. Kamla Pradhan & Anr. serves as a comprehensive guide to understanding the principles that govern the validity and execution of wills in India.
It underscores the importance of statutory compliance, the need for a clear and convincing explanation in the face of suspicion, and the role of the judicial conscience in safeguarding the integrity of wills.
This decision will undoubtedly serve as a valuable reference for legal practitioners, scholars, and individuals involved in the intricate world of wills and testaments.