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 his service. Provisions pertaining to such privileges are mentioned under section 66[1] of the Act and such wills are called Privileged Wills[2] (Section 65 of the Indian Succession Act, 1925[3]). Provisions allowing word of mouth in presence of witnesses to be considered as valid will and written instructions to be considered as a valid will after the death of a soldier are some of the prime examples of such privileges.
Wills created by a testator not being a soldier, an airman and a mariner at sea employed in an expedition or engaged in actual warfare are known as Unprivileged Wills. Unprivileged Wills are governed under section 63[4] of the Act.
[1] https://indiacode.nic.in/handle/123456789/2385?locale=en
[2] 2014 SCC OnLine Del 1272:Goutam Bhadra and Ors. vs. Gouri Bhadra and Ors. (26.03.2014 – DELHC) : MANU/DE/0801/2014: DELHI HIGH COURT
[3] https://indiacode.nic.in/handle/123456789/2385?locale=en
[4] https://indiacode.nic.in/handle/123456789/2385?locale=en