INTRODUCTION
Will is a legal declaration of the intention of a testator concerning his property which desires to be carried into effect after his death.
RELEVANT PROVISIONS
Sections 2(H), 59, and 62 of the Succession Act 1925.
LITERAL MEANING
A will means the disposition of property which takes effect after the death of the testator.
DEFINITION OF WILL
According to Section 2(H) of succession Act 1925;
“Will means the legal declaration of the intention of a testator concerning his property which he desires to be carried into effect after his death”
Illustration: A. being very feeble and debilitated, but capable of exercising a judgment as to the proper mode of disposing of all of his property, makes a will. This will is a valid will.
PARTIES OF WILL
Testator: The person making a will is called the testator.
Legatee: In whose favour the will is made is called a legatee.
Legacy: The proper bequested.
Executor: The person appointed to carry the will into execution is called an executor.
PURPOSE OF WILL
The purpose of a will is to enable a person to dispose of his property as he wishes after his death, Where a will is made disposing of all the property of the deceased after the death of the testator, all the property will be distributed according to the wishes expressed in the will.
REVOCABLE NATURE OF WILL
A will is liable to be revoked or altered by the maker of it at any time when he is competent to dispose of his property by will.
PERSONS CAPABLE OF MAKING WILL
According to section 59 of the Succession Act, of 1925 any person can make will who is
(a) Who is of sound mind
(b) Who has reached the age of majority
Following are the persons who can dispose of their property by will.
1. MARRIED WOMAN:
alienate by her acts during her life. Thus she can dispose of by will only her separate property
Illustration: A is the woman who after getting married to B disposed of her property by will to her husband B. She is capable of disposing of her property to her husband.
2. DEAF, DUMB, AND BLIND:
Persons who are deaf, dumb, and blind can make a valid will provided that they know what they do by it.
Illustration: Z is a person who is blind but the owner of a very large estate. He is capable of making a will to dispose of his property.
3. ORDINARY INSANE PERSON:
A person who is ordinarily insane can make a will during an interval in which he is of sound mind, the burden of proving that the testator was insane at the time of making the will is upon the person who alleges that he was not of sound mind at the time when he made the will.
PERSONS IN WHOSE FAVOR WILL BE MADE
A will may be made in favour of the following persons.
1. A SPECIFIED INDIVIDUAL LIVING AT THE TIME OF MAKING THE WILL:
A will may be made in favour of a specified individual living at the time of making the will either actually or in the eye of the law.
2. IN FAVOR OF A CLASS OF PERSONS:
A will may be made in favour of a class of persons, for example, a family it will then be operative in favour of such members of the class as may be living at the time of the testator’s death.
3. IN FAVOUR OF CHARITY:
A will may be executed in favour of a charity such as a school, orphanage, mosque, etc.
ESSENTIALS OF WILL
Following are the essentials of will.
- There must be a declaration
- The property must be capable of being transferred
- The property must be in existence at the time of the death of the testator.
- The testator must be the owner of the property
KINDS OF WILL
The following are kinds of will:
- Joint will
- Sham will
- Mutual will
- Duplicate will
- Nuncupative will
TYPES OF WILL
- Conditional
- Unconditional
REVOCATION OF WILL
A will can be revoked by the following methods.
- Express
- Implied
LIMITATION
A person cannot by will dispose of more than one-third of his property.
CONCLUSION
It is concluded that a will is an endowment with the property of anything after the death of one person The subject of legacy should exist at the time of death of the testator and a will may be executed in favour of a charity.
FAQs
Explain the procedure of construction of Wills as envisaged under the Succession Act, of 1925.
(2019-A)
Write a detailed note on will as provided in the Succession Act 1925.
(2016-S, 2015-A, 2015-A, 2013-S)
Discuss the law relating to “Will” as provided in the Succession Act.
(2018-S, 2016-A)
Write a short note on Will.
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