Will

WILL (a Testamentary document)

Will means ‘the legal declaration of the intention of a testator’ with respect to his property, which he desire to be carried into effect after his death.

Codicil means ‘an instrument made in relation to a will and explaining, altering or adding to its disposition, and shall be deemed to form part of the will.’

Testator is one who makes his will.

Every person of sound mind (not being a minor) may dispose of his property by will.

Persons who are deaf or dumb or blind are also can make a will if they are able to know that they do by it.

An insane may make his will during the interval in which he is of sound mind.

An intoxicated person cannot make his will that he does not know what he is doing.

Unprivileged Will: Every person (except a soldier, mariner or an airman who engaged in actual warfare) may execute his will, which is called ‘unprivileged will.’

Privileged Will: The Will of Soldier etc., who engaged in actual warfare, is called as ‘Privileged Will’ which gives some exceptions in the formalities of making from a regular unprivileged will.

Executor means a person to whom the execution of the last will of a deceased person is, by testator’s appointment. (Executor’s duty is to fulfill the wishes of maker (i.e. testator) of that will  after his death.)

Probate means the copy of a will certified under the seal of a Court of Competent Jurisdiction with a grant of administration to the estate of the testator.

Administrator means a person appointed by the Competent Court to administer the estate of the deceased person, when there is no executor appointed in the will.

A Hindu can make his/her will.

An Indian Christian can make his/her will.

(Indian Christian means a native of India who is, or in good faith claims to be, of unmixed Asiatic descent and who professes any form of the Christian religion.)

A Mohammedan cannot make a will of his entire property, but can do so in respect of his one-third share property with consent of his sharers.