Types of Will
Privileged will: If a soldier, a sailor or an airman is in the battlefield or engaged in an expedition, he may make a privileged will. If the person writes the entire will with his own hands, it does not need to be signed by any witness. These wills can also be written by another person. Such wills can be revoked by an unprivileged will. Unprivileged will: A will written by any individual (other than a soldier, a sailor or an airman engaged in a war or on an expedition) is an unprivileged will. These wills need to be signed by the testator (the person making the will) in the presence of at least two witnesses, who also sign the will. These wills can be revoked by writing a new will or destroying the old will. Conditional will: An individual can attach certain conditions to his will. For example, one can write a will that will come into force if the person dies during a particular period. One can also leave a property for a person subject to fulfillment of certain conditions such as marriage and attaining a certain age. However, if one writes a will with an illegal or immoral condition, it is not considered a valid will. Joint will: A joint will is written by two or more persons together, who dispose of their property as a team. Such wills come into effect after the death of all the testators. Any of the testators can revoke the will during his lifetime, even after the death of the other. Mutual will: Two individuals can write a mutual will giving their wealth to the other. For example,
a couple can write a mutual will that makes the survivor the sole owner of their wealth. Concurrent will: Normally one person should leave only one will. For the sake of convenience, individuals who have properties in more than one country execute separate wills for properties in different countries. Sham will: If a person writes a will and completes all the formalities only for some hidden objective,
it is considered void. However, one needs to prove the intent. The will shall be attested by two or more witnesses, each of whom has seen the testator (the executor of the will) sign or affix his mark on the will or has seen some other person sign the will, in the presence and by the direction of the testator or has received from the testator a personal acknowledgement of his signature or mark, or of the signature such other person. Each of the witnesses shall sign the will in the presence of the testator, but it shall not be necessary that more than one witness be present at the same time, and no particular form of attestation is necessary. However, under the provisions of law, a will is not required to be in writing and therefore requires no signature or attestation by witnesses.
What Property Can Be Disposed of by a Will?
Any movable or immovable property can be disposed of by a will by its owner (testator), in that the property must be self-acquired property of that person; it should not be ancestral property of the testator. According to Section 30 of Hindu Succession Act, 1956, any Hindu may dispose of by will or other testamentary disposition any property that is capable of being so disposed of by him in accordance with law.
Contrary to popular belief, a person can give anything to his daughter in a will. Even if there is no will and a person dies and his only successor is