In India, registration of Wills is not compulsory. A Will is not a compulsorily registerable document under section 17 of the Registration Act, 1908, (Act), and according to section 18 (e) it is the testator’s choice as to whether he wishes to register it. There is no...
A fundamental characteristic of property is that it cannot exist without an owner. On a person’s death his property has to vest into someone and the act of transmission of the property is referred to as succession. The law of succession is categorized as testamentary...
These wills are created for an ulterior motive which is not the testamentary operation and execution of the will. Rather in most cases, these wills are created for an immoral purpose like acquiring a property that does not belong to the claimant, deceiving someone...
Normally a testator prepares a single will for his/her testamentary declarations. The testator according to his wish or for the sake of convenience can make different wills for the property located in different geographical locations. Hence, co-existing wills, dealing...
Wills which are handwritten by the testator himself are known as Holographic Wills. These kinds of will have their own merit. Due to the fact that they are completely handwritten by the testator himself, raises a strong presumption[1] pertaining to their regularity...
As the name suggests, when there are two copies of a will, then those wills are called Duplicate Wills. There are two copies of the will although it is considered as a single will. It is very simple to create a duplicate of the will. The testator has to make a second...
Mutual wills are the kind of wills in which two people agree to formulate a will on the mutually agreed terms and conditions. The testator creates the other person as his/her legatee in these wills. Generally, married couples who have children from their first...
When two or more people agree to make a conjoint will, such testamentary documents are known as Joint Wills. These are generally created between married couples, with an intention to leave the property to their spouse after one of them dies. A joint will can also be...
Execution of these wills are dependent on happening of an event and if that event occurs in the future only then the will is to become effective. These wills are created for multiple purposes. If the testator wants to motivate a loved one for doing something good,...
Indian Succession Act, 1925 provides certain privileges to a soldier, an airman and a mariner at sea employed in an expedition or engaged in actual warfare. These privileges are enacted keeping in mind the complicated predicament a soldier is in during the tenure of...
Will is a legal document through which a person decides how his/her property would be distributed, allocated and spent after his death. A person who dies without creating a will is called dying intestate. Dying intestate forces the relatives of the deceased to spend...
Will is a divine institution since its exercise is regulated by ‘Quran’. It offers to the testator the means of correcting to a certain extent the law of succession and of enabling some of those relations who are excluded from inheritance to obtain a share in his...
Bequests by a Muslim can only take effect to the extent of one-third of the net assets remaining after payment of his funeral ‘expenses and debts. Unless the excess is rendered valid by the consent, given after the death of the testator, of the inheritors whose...
Where the right of either an executor or a legatee under a Will is in issue, such right can be established only where probate (where an executor has been appointed under the Will) or letters of administration (where no executor is appointed under a Will)have been...
A will is a legal declaration of the intention of a person who is desirous of transferring his wealth to the subsequent generations. It takes effect after the death of the maker of the will. A will is a unilateral document which can be revoked or altered by the person...
