• Definition
  • Essentials of Will
  • Execution of Will
  • Kinds of Will
  • Bequests
  • General Procedure
  • Registration
  • Revocation
  • Probate
  • Will under Mohammedan Law

Definition

Will is the legal declaration of a person which he wishes to perform after his or her death.But once the Will is made by the testator it can only be revoked during his or her lifetime.It does not involve neither transfer nor affect any transfer inter-vivos.It regulates the succession and accord for succession as declared by the testator.
A Will made by a Hindu,Buddhists,Sikh or Jain is governed by the provision of Indian Succession Act,1925.Nonetheless,Mohammedans are not governed by the Indian Succession Act,1925 and they can dispose their property as stated by the Muslim Law.

Essentials of Wills

1.Every person who is of sound mind and is not a minor can make a will.

2.Persons who are deaf or dumb or blind can make a will provided they are able to know what they do by it.

3.A person who is ordinarily insane may make a will during an interval in which he is of sound mind.

4.No person can make a will while he is in such a state of mind, whether arising from intoxication or from illness or from any other cause, that he does not know what he is doing.

5.Every person can make a Will who is above twenty-one years of age.

Execution of A Will

  • Every person, not being a soldier employed in an expedition or engaged in warfare, or an airman so employed or engaged, or a marine at sea shall execute his will accordingly.
  • He shall sign or fix his mark to the will or it shall be signed by some other person in his presence and by his direction.
  • The signature or mark should be so placed that it shall appear that it was intended thereby to give effect to the writing as a will.
  • The will shall be attested by two or more witnesses, each of whom has seen the testator sign or affix his mark on the will or Has seen some other person sign the will, in the presence and by the direction of the testator or Has received from the testator a personal acknowledgement of his signature or mark, or of the signature such other person;
  • Each of the witnesses shall sign the will in the presence of the testator, but it shall not be necessary that more than one witnesses be present at the same time, and no particular form of attestation is necessary.

Kinds of ‘Wills’

A testator who has right to make a Will for the future benefits of his family members which will take effect after his death, the there are certain types of Wills which has to be looked into:

Privileged ‘Wills’

As it can be understood from the word privilege provided to certain persons. A privileged Will is one which is made by any soldier, airman, navy persons, mariner who are willing to dispose of their estate during their course of employment. A soldier includes officers and all other rank officers of service but does not include a civilian engineer employed by the army, having no military status. A soldier while making an instrument of Will must have attained the age of 18 years and where a will made by the soldier is in the oral form, will be valid only for a month though a written Will always remain operative. A privileged Will may be revoked by the testator by an unprivileged Will or codicil, or buy any act expressing an intention to revoke it and accompanied by such formalities as would be sufficient to give validity to a privileged Will, or by the burning, tearing or otherwise destroying the same by the testator.

Unprivileged ‘Wills’

Wills executed according to the provisions of ‘Section 63’ of the ‘Indian Succession Act, 1925’ are called Unprivileged Wills. An unprivileged Will is one which is created by every testator not being a soldier, airman, mariner so employed. An unprivileged Will like Codicil can be revoked by the testator only by another Will or by some writing declaring an intention to revoke the same and to be executed in the manner in which an unprivileged Will can be executed under the Act or by burning, tearing or destroying of the same by the testator or by some other person in his presence and by his directions with the intention of revoking the same.