| What
is meant by will ? |
| A
will is defined in The Indian Succession Act, under section
2h as the legal declaration of the intension of a person making
it called as the testator with respect to his property, which
intention he desires to be carried into effect after his death.
It is to be noted that no formalities are specified for executing
a will except that the will should be signed by the testator
and attested by at least 2 witnesses. It may be printed, typed
or even handwritten; it may not be on stamp paper. |
| |
| What
are chief characteristics of will ? |
A
will differs from other documents in the following particulars-
1. It takes into effect the death of the testator.
2. It is revocable by the testator at any time before his death.
3. It must relate to disposition of property
That means the testator dealing with his own property must disclose
in words his intention to give the same. |
| |
| How
can a will be revoked |
Under
section 62 of the Indian succession act a will is liable to
be revoked or altered by the maker of it at any time when he
is competent to dispose off his property by will. A testamentary
intension is therefore ambulatory till death and a will is in
its nature a revocable instrument. The making of a will is but
the exception of it, and it does not take any effect till the
death of the death of the decisor.it is clear that no suit lies
at the instance of any person for the cancellation of a will
during the lifetime of a testator having regard to the fact
that a will can be cancelled by the testator at any moment. |
| |
Modes
of evocation |
- By operation
of law
- By writing
- This
can be done in 2 ways
- By another
will or co dial during executed.
- By some
other writing containing a declaration of a intention to revoke
and observing the formalities required for the execution of
an unprivileged will
- Without
writing by destruction
- By burning
- By leaving
- By otherwise
destroying the will
|
| |
| Different
kinds of wills |
- Nuncupature
will
- Holograph
will
- Conditional
or contingent will
- Joint
or mutual will
- Joint
will
- Mutual
or reciprocal will
- Duplicate
will
- Concurrent
will
- Share
will
|
