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Will

A will is a legal document that outlines a testator's wishes for property distribution after their death, as defined by the Indian Succession Act, 1925. For a will to be valid, it must be a legal declaration by a competent person regarding property disposal intended to take effect after death, and it is revocable during the testator's lifetime. Revocation can occur through marriage, another will, or by destruction of the document, with specific rules governing privileged and unprivileged wills.

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1 views2 pages

Will

A will is a legal document that outlines a testator's wishes for property distribution after their death, as defined by the Indian Succession Act, 1925. For a will to be valid, it must be a legal declaration by a competent person regarding property disposal intended to take effect after death, and it is revocable during the testator's lifetime. Revocation can occur through marriage, another will, or by destruction of the document, with specific rules governing privileged and unprivileged wills.

Uploaded by

parvezabdulrauf804
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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What is Will? Discuss in detail the valid ingredients of a will.

What is Will? Distinguish between privileged will and unprivileged will.


What is a will what are the essentials of a valid will & how can will be revoked.
What is Will? Discuss various types & essentails of a will.
Introduction:
1. A will is a legal document by which a person (known as the testator) expresses their wishes
regarding how their property or estate should be distributed upon their death.
2. The main purpose of a will is to ensure that the testator's estate is distributed according to
their wishes rather than by the default rules of succession.
Definition:
1. According to Section 2(h) of the Indian Succession Act, 1925, a will is: "A legal declaration of
the intention of the testator with respect to his property, which he desires to be carried into
effect after his death."
Therefore it is rightly said, that a will starts speaking when the man making it
stops speaking. In short a will becomes effective only after the person making it - dies.
Essentials/Valid Ingredients of a Will:
For a will to be considered valid under the Indian Succession Act, 1925, it must satisfy certain
conditions. The key ingredients are:
a) Legal declaration:
The documents purporting to be a will or testament must be legal, i.e., in conformity with the
provisions as regards execution and attestation, as laid down in section 63 of the Act, and must be
made by a person competent to make it. A minor is legally incompetent to make a will, and a will by
a minor is not a legal declaration.
b) Relating to disposal of property:
The declaration should relate to the property of the testator which he wants to dispose of. If the
declaration contains no reference to the disposal of the property, but merely appoints a manager
manage the property, or gives merely an authority to his widow to adopt, it is not a will.
c) Effect:
Thirdly, the declaration as regards the disposal of the property of the testator must be intended to
take effect after his death. If the declaration is not to that effect, or if the declaration seeks to
effectuate the intention of the writer immediately, i.e., during his lifetime (inter vivos), then it is a not
a will.
d) Revocability:
The essence of every will is that it is revocable durig the life time of the testator.
Revocation of Will:
A will is liable to be revoked or altered by its maker at any time when he is competent to dispose of
his property by will. (Section.62)
Revocation of unprivileged will or codicil (section 70)
No unprivileged will or codicil, nor any part thereof, shall be trevoked otherwise than by marriage, or
by another will or codicil, or by some writing declaring an intention to revoke the same and executed
in the manner in which an unprivileged will is herein before required to be executed, or by the
burning, tearing, or otherwise destroying the same by the testator or by some person in his presence
and by his direction with the intention of revoking the same.
Illustrations
(i) A has made an unprivileged will. Afterwards, A makes another unprivileged will which
purports to revoke the first. This is a revocation.
(ii) (ii) A has made an unprivileged will. Afterwards, A, being entitled to make a privileged will,
makes a privileged will, which purports to revoke his unprivileged will. This is a revocation.
Revocation of privileged will or codicil. (Section 72)
A privileged will or codicil, may be revoked by the testator by an unprivileged will .or codicil, or by
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, or by some person in his presence and by his direction, with the intention of
revoking the same
Explanation:
In order to the revocation of a privileged will or codicil by an act accompanied by such formalities as
would be sufficient to give validity to a privileged will, it is not necessary that the testator should at
the time of doing that act be in a situation which entitles him to make a privileged will

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