What Is A Will?
A Will is a legal document that sets forth the wishes of the person making it (the testator) regarding the distribution of his/her property.
Law Governing Wills
- Indian Succession Act, 1925.
- Additionally, for some religions, personal laws also come into play in respect of the assets which can be given away through a will.
Wills made by Muhammadan's
Muhammadans can make oral wills and attestation by witnesses is not required. Muhammadans cannot by will dispose of more than one-third of his/her estate after payment of debts unless the heirs consent to the bequest after the testator's death.
Wills Made by Christians and Parsis
In the case of Indian Christians and Parsis, upon marriage, a will stands revoked so needs to be made again.
Benefits of Making a Will
- Property devolves as per the wishes of the testator.
- Avoid disputes between the heirs and family.
Best Time to Make a Will
- The best time to make a Will is now.
- An individual can make a will anytime during his/her lifetime after he/she attains majority.
Terminologies Used In a Will
- Testator - A man who has made his will is called a testator.
- Testatrix - A woman who has made her will is called a testatrix.
Types of a Will
1. Privileged Wills: Privileged Wills are Wills that may be in writing or made by word of mouth by those in active services like a soldier, airman or mariner. The legal requirement for the validity of a privileged Will has been reduced to enable certain persons to quickly make a Will. The following conditions are applicable for a privileged Will:
a. The testator writes the whole will with his own hand. In such a case, it need not be signed or attested.
b. The testator should sign the privileged Will written wholly or in part by another person. In such a case, there is no requirement for attestation.
c. A Will written wholly or partly by another person and not signed by the testator is a valid Will if it is proved that it was written by the testator's directions or that the testator recognized it as his/her Will. A half-completed privileged Will is also considered valid if it is proved that non-execution was due to some other reason and does not appear to be an abandonment of intentions to create a Will.
d. A privileged Will can be made by word of mouth by declaring intentions.
e. If a soldier or airman or mariner has given written or verbal instruction for the preparation of a Will but has died before it could be prepared and executed. And such will is a valid Will.
2. Unprivileged Wills: A Will created by a person who is not a soldier employed in an expedition or engaged in actual warfare or a mariner at sea is known as an unprivileged Will. For an unprivileged Will to be valid, it must satisfy the following conditions: The person creating the Will must sign or affix his/her mark to the Will. Else, some other person should sign as per the directions of the testator (Person creating the Will) in his/her presence.
The signature or mark of the testator or the signature of the person signing for the testator must be placed so that it appears that it was intended to give effect to the writing as Will. The two or more witnesses should attest to the will. The witnesses must have seen the testator sign or affix his mark to the Will or have seen some other people sign the Will, in the presence and by the direction of the testator.
3. Mutual or Reciprocal Wills: A mutual Will is usually created by married couples based on various mutually agreed terms and conditions.
4. Joint Wills: A Joint Will is unique as it is a single document prepared and signed by two or more individuals, such as a married couple. This type of testament comes into effect only after all the testators are dead. A joint Will can be modified or revoked, i.e., cancelled during the lifetime of the testators only if all the testators agree to the modification or revocation.
5. Contingent Wills: Contingent Will come into effect only if some specific conditions mentioned in the document are fulfilled. In the case such specified conditions are not fulfilled, this type of Will is not legally binding and cannot be executed.
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