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LAW ON WILLS

Archana Shukla
Archana Shukla
  • Nov 2, 2022
  • 7 min to read
LAW ON WILLS Shukla

Laws of Succession establish the order in which assets will be distributed among family members after someone dies.

 

A will divides a person's estate among beneficiaries in an order specified by the testator.

Unlike individuals, corporations in perpetual existence have separate laws governing their dissolution and are covered by laws relating to Winding up and Closing.

There are two types of laws: those that apply when a person dies without planning their estate (dying intestate) and those that apply when the deceased has left behind instructions for his or her assets to be distributed in specific ways (a will).

A will is a written document in which the owner of property leaves instructions detailing how he or she would like their belongings to be distributed after death. If found valid and enforceable, these instructions are legally binding upon his/her heirs; they must distribute the estate according to what has been instructed by that person.

Any person who can enter into an Agreement is capable of making a Will.

Minors, people who are intoxicated or under the influence of other forces that affect their judgment—such as coercion, fraud or illness —cannot make sound wills while these conditions exist.

The Indian Succession Act, 1925 does not specify how a will should be written, however, some essential requirements are:

The document should be clearly written so that the intention of the Testator becomes clear. Since a Will is intended to give effect to the desires of a person who dies, small errors in name or details about property can be ignored as long as it’s understood what he wanted and why.

The will should be signed by the Testator, and witnesses are required.

Those who cannot sign can put their thumb impression, and signatures should be at the bottom of a document to indicate that they are granting legal validity to what is written above it.

Witnesses should be unrelated to the Will's beneficiaries. Dispositions made in favor of witnesses will be void if such persons are related to any beneficiary by blood or marriage.

In addition, Wills written on ordinary paper are valid.

Although it is not required, many people choose to have their wills registered.

Testators typically appoint an executor in their wills. Beneficiaries are also sometimes appointed as executors, though other times the testator names a beneficiary to receive an bequest for specific reasons. If no one is available at the time of death who fits this description then, by law, any such bequests would not pass through probate

However, if the legatee dies before the testator and leaves his or her own lineal descendants behind, then these descendants of subsequent generations will take the responsibility.

If a person who is not married makes a Will and then gets married, his or her previous Will is rendered invalid.

One can make a Will as many times as one wants, and the last written will is in effect. One should also try to include all possible bequests when writing a will.

If some parts of a will cannot be given effect due to ambiguity or impossibility, other clauses that may have been intended by the testator would still be valid.

The Will's provisions are sometimes inconsistent with each other. When this happens, the later provision prevails over earlier ones.[Kailvelikkal Ambunh (Deceased) by LRs v H Ganesh Bhandary (AIR 1995 SC 2491)].

The Law has made special provisions for making a Will in the case of soldiers and airmen who are employed on an expedition or engaged in actual warfare, as well as mariners at sea.

They may also make a Will orally in front of two witnesses or by written hand, without requiring signature or witness. These people are entitled by law to make so-called 'privileged wills'—these are called such because the making of privileged wills is an exception made for special circumstances. However, these Wills become null one month after the person who made them ceases to be eligible for this privilege.

 

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Archana Shukla
Archana Shukla

 Law professional offering insightful experience in commercial legal advisory, contracts, real estate and non-litigation matters.  Expertise in drafting & vetting of commercial contracts: Software Service, Master Service, Consultancy, Employment, Commercial Lease Agreement, Freelance Agreement, Retainer Agreement, Non-Disclosure Agreement, Website Terms of Use, Privacy Policy etc.

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