WILL DOCUMENT
CHAPTER 1
WILLS
Ch. 1.1
Will:
The Indian Succession Act defines in Sn, 2 (h) a will. It means a legal
declaration of the, intention of a testator with respect to his property which he
desires to be carried into effect after his death.
Essentials of a Will :
Unprivileged Will
(i) It must be in writing. Stamp paper not required,
(ii) It must contain a
legal declaration of his intention (Animus testandi).
(iii) It must be with regard to -his property. Movables and
Immovables.
(iv) It must take effect after the death of the testator,
(v) Person with legal
incapacity cannot make a will. A minor cannot make a will. The deaf,
dumb or the blind can make a will if he is able to know what he does
by a will. During lucid intervals, an insane may make a will,
(vi) If a wilt is
made under fraud undue influence or coercion it is void.
(vii) A will may be revoked at any time by the testator,
(viii) Amendments or
changes may be made by writing a codicil.
Registration :
A will may be registered. But, registration is only optional
according to the Registration Act. It may be sealed and deposited with the SubRegistrar to ensure security and secrecy.
Attestation : The will shall be attested by two or more witnesses.
Each witness must have seen the testator sign or affix his mark. It is
not necessary that both the witnesses should be present at one and the
same time. The attesting witness need not know the contents of the will.
Ch. 1.2 Kinds of Wills :
There are two kinds of wills :
(a)
Privileged wills and
(b) Unprivileged wills.
(a) Privileged Will: Soldier will:
A soldier engaged in actual fighting, may not be in a position to follow all
the formalities to execute a valid will. The legislature has made some
provisions dispensing with the formalities.
The privileged will may be executed by any soldier employed in an expedition
or engaged in actual warfare. It applies to land, Navy and Air Personnel.
A
Medical Officer attached to the regiment is a 'soldier' for this purpose and hence
can execute a privileged will.
msrlawbooks Ind Suc Act
Features:
The will may be oral or in writing ; if written it may not be signed or
attested. It may be partly written by the testator and trje balance may be written
by any other person with his direction. It need not be attested. If a soldier leaves
instructions for the preparation of his will but before it is prepared he dies such
instructions will constitute his will.
By declaring his intention, before two
witnesses the soldier may make a will.
The will is void of the testator Jives for more than 30 days after
making th« will. This is so because he can make an un-privileged will.
(6) Unprivileged Will:
Refer Ch, 1.1. Ch. 1.3
Codicil:
Means an instrument made in relation to a. will and explaining, altering or
adding to its dispositions. It shall be deemed to be part of the will.
It is necessary that the Codicil should be in writing. The person shall have
attained majority and must be of sound mind.
An insane person can make a
Codicil but only during lucid intervals. The Codicil must be executed by the
testator himself by putting the signature. There must be attestation, as in a will.
The attestation shall be by two or more witnesses who must have
seen the testator putting his signature.
0 Comments: