Last Updated on March 28, 2019 by Legalseva.net
What is will?
On a person’s death his property has to be transferred his heir, and the process of transfer of the property is called as succession.
Kinds Of succession-
- Testamentary- When a person makes a will disposing of his property it is governed by the law.
- Intestate succession- where the will has not been made before the death of the person and after the death of the person his property transferred to his heirs equally.
Hence testamentary succession is succession by will
A Will is a legal document by which a person, names one or more persons to manage his property and provides for the transfer of his property at the time of death
Also Read- FACTS ABOUT INHERITING PROPERTY.
Who can Make will?
Any person who is eligible to contract can make a will
- He must be a major
- Of sound mind
- And willing to write a will
Types Of WILL
In India two types of will are recognised
- Unprivileged Will
- Privileged Will
Privileged Will – privileged wills is an informal but valid will which does not fulfil the legal formalities.
Privileged will can be a written as well as oral will.
Privileged will can be made by a person who is in “active military force”
Unprivileged Will – Unprivileged will is a will by a person other than a person who is in active military forces and unprivileged will has to comply with the legal formalities.
Also Read- TRANSFER OF PROPERTY THROUGH GIFT DEED
Language of will
Will can be in any language but should clear the desire of the testator
Procedure of registration of will-
The person who makes a will is called testator
According to Indian Succession Act, 1925 and Section 18 of the Registration Act, Registration of will is not compulsory in our country.
But if testator wish to then can register the will in the office of sub-registrar.
Also Read- HOW TO PROBATE A WILL IN CHANDIGARH PANCHKULA MOHALI
Requirements to Register a Will –
Address proof, photographs and the witnesses, Photograph and address proof of Will is also required.
Testator has to present along with the witnesses to register a will.
Charges-During registration stamp duty need to be paid.
Pros of registered will
Registered will cannot be destroyed, lost or stolen.. No one can examine the will without the permission in writing of the testator until his death.
Cons of Registered will
It’s not easy to make amendments in the will once it is registered.
Also Read- 25 THINGS THAT YOU SHOULD KNOW ABOUT WILL REGISTRATION
Revocation of Will
Testator can change or alter will at any time by executing a new will.
Generally testator can revoke a Will by
- Destroying the old will
- Creating a new will
- Making changes in old will. (Alteration)
This post is written by Nidhi Sharma of Punjabi University Patiala. For more info, please dial 99888-17966.
