Types of Will

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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

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