This article talks about types of will in India. Wills can however varied according to the customs practiced by different sects and religious groups.
Types of will
According to the Indian succession Act there are basically two types of wills.
- Privileged Wills
- Unprivileged Wills
These are the wills made by a soldier employed in an expedition or actual warfare, or an airman so employed or engaged or a mariner at sea. Persons such employed cannot be expected to have the resources and time for completing all the formalities required for validation of the will, therefore they have been excused from such legal requirements and given the privilege of making simpler wills.
Execution of privileged will
- Privileged wills may be in writing, or may made by word of mouth.
- The execution of privileged wills shall governed by the following rules:–
- The wills should be written wholly by the testator, with his own hand. In such case it need not signed or attested.
- It may written wholly or in part by another person, and signed by the testator. In such case it need not attested.
- If the instrument purporting as wills written wholly or in part by another person and not signed by the testator. The instrument shall deemed as testators will, if shown that it was written by the testator’s directions or that he recognized it as his will.
- If it appears on the face of the instrument that the execution of it in the manner intended by the testator was not completed, the instrument shall not, by reason of that circumstance, may invalid, provided that his non-execution of it can reasonably ascribed to some cause other than the abandonment of the testamentary intentions expressed in the instrument.
All other kinds of wills, which are not privilege wills are called unprivileged wills. These are the wills that need or require certain conditions to be fulfilled for the wills to be valid. These are the wills commonly made by the masses.
Execution of unprivileged will
- Testator shall sign or affix his mark to the will, or signed by other person in his presence and direction.
- The signature or mark of the testator, or the person signing for him, shall placed that it shall appear as it intended to give effect to the writing as a will.
- The will shall attested by two or more witnesses. Each of two seen the testator sign or affix his mark to will or seen other person sign the will.
- The signing of the will should be
- in the presence and by the direction of the testator,
- or has received from the testator a personal acknowledgment of his signature or mark,
- or of the signature of such other person; and
- hence, each of the witnesses shall sign the will in the presence of the testator.
NOTE- It shall not be necessary that more than one witness be present at the same time.
Registration of a wills may not be necessary. It is although a convenience for the law, but it does not affect the wills as such. It is advisable to register the wills with the registrar where the registrar then becomes the legal guardian of the wills, the document then becoming strong evidence in law for the validity of the wills.