Is Your Will Clear Enough to Prevent Future Disputes?
By,
CA Sreejith Kuniyil
Founder, PravasiTax &
True Legacy
In many Indian families, conversations about inheritance are often postponed, sometimes indefinitely. However, when the time comes, the absence of clarity can turn close relationships into legal battles. A recent decision of the Kerala High Court in Varnini Karthikeyan v. Padmakaran (2026 KER 18297) offers an important reminder: the way a Will is drafted can determine whether a family finds closure or conflict.
This judgment does more than settle a dispute. It quietly reinforces the most important truth in estate planning – clarity is everything.
A Simple Document, Powerful Consequence
A Will is a statement of intent, it expresses who should receive what, after one’s lifetime. It allows a person to distribute their self-acquired property according to their wishes, rather than leaving it to be divided under default succession laws like the Hindu Succession Act, 1956 or the Indian Succession Act, 1925.
But what appears simple on paper can become complicated in practice. In this particular case before the Kerala High Court, a husband and wife executed a Joint Will in 1992, distributing their assets among their sons. After the husband’s death, the wife later changed her mind and transferred her share to her daughters through a separate settlement. This led to a dispute on whether she had the authority to do so. The Kerala High Court answering this in the affirmative held that since the original Will did not restrict her from making changes, she had every authority to transfer the property according to her wishes.
Joint vs. Mutual Wills: A Subtle but Crucial Difference
One of the most important takeaways from the judgment is the distinction between joint and mutual wills, the terms often used interchangeably, but legally very different.
Joint Wills: Shared Document, Separate Freedom
A Joint Will is simply one document signed by two individuals, usually spouses. It may look unified, but legally, each person retains control over their own share.
This means that after one person passes away, the survivor is generally free to change their portion unless the Will clearly states otherwise.
Mutual Wills: Binding Promises
A mutual will goes a step further. It reflects a binding agreement between two people that neither will change their wishes after one of them dies.
This creates a form of legal commitment, almost like a contract layered within a Will. The Court made it clear that mutuality cannot be assumed, it must be explicitly stated. In the absence of such clarity, the law will not restrict the surviving person’s freedom.
What Makes a Will Legally Valid?
While the language of a Will can be simple, certain formalities are essential to ensure it stands up in Court. Under the Indian Succession Act, 1925, a valid Will must meet a few basic conditions:
- It should be in writing (typed or handwritten).
- It must be signed by the person making the Will.
- The signature should be made in the presence of at least two witnesses.
- Those witnesses must also sign the document.
Registration is not mandatory, but it can add a layer of authenticity, particularly in jurisdictions where disputes are more common.
Common Pitfalls to Avoid
Many disputes arise not from intention, but from gaps in execution. Some recurring issues include:
- Ambiguous Language
Phrases that seem clear to the writer may be interpreted differently by others. Courts rely strictly on what is written and not what was intended.
- Silence on Key Issues
In the case discussed, the absence of a clause restricting the survivor’s rights became decisive. If a Will does not limit a right, the law generally assumes that the right exists.
- Outdated Wills
Life changes like marriages, births, deaths, acquisitions should ideally trigger a review of the Will. An outdated Will may no longer reflect current intentions.
- Improper Execution
Failure to follow signing and witnessing requirements can render a Will vulnerable to challenge.
The Hidden Complexity of Revocation
Another lesson from the case relates to what happens after a Will is acted upon. Once property is transferred, especially through instruments like settlement deeds, it may not be easy to undo that transfer. Attempting to revoke such actions later can fail if legal formalities have already been completed. While intentions can change, completed legal transfers are far more difficult to undo.
A Practical Approach to Estate Planning
For families, especially where property ownership patterns and family structures can be complex, a thoughtful approach can prevent years of litigation.
Some practical steps include:
- Clearly identifying whether the Will is intended to be joint or mutual
- Explicitly stating the rights of the surviving spouse
- Distinguishing between self-acquired and inherited property
- Choosing neutral witnesses
- Periodically reviewing the document
For more complex estates, families are increasingly combining Wills with Private Trusts, as it offers greater control, continuity, and privacy.
The judgment in Varnini Karthikeyan v. Padmakaran is not just about one family’s dispute. It reflects a broader principle: the law respects intention, but only when that intention is clearly expressed.
A well-drafted Will does more than distribute assets. It preserves relationships, prevents misunderstandings, and provides certainty in a moment of loss. In the end, estate planning is not merely a legal exercise. It is an act of responsibility, one that ensures your voice is heard, even in your absence.
Pic Courtesy: pegasus/ images are subject to copyright
