Updated: Jun 29, 2021
WILLS - The Indian Succession Act 1925
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 incapacit y 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. Dur ing 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
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.
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.
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.
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. The other formalities of the will apply to the Codicil also,