Who Is the Beneficiary under a Will?

Any person capable of holding property can be devisee (traditionally, ‘devisees’ took land under a will) and therefore a minor, a lunatic, a body corporate, a Hindu deity, or any other juristic person can be a devisee. The person in whose favour the testator bestows the benefits is called a beneficiary or legatee (traditionally, ‘legatees’ took personal property under a will). a daughter, the daughter automatically becomes the owner of all the properties/assets of the deceased.

You can make a will in favour of your son by excluding the daughters. If no will is made, on death all the legal heirs (including daughters) have equal share in the property along with sons.

The Indian Succession Act however imposes certain restrictions in certain cases of disposition of property by a will under Sections 112 to 117. Dispositions of property by will in some cases have been declared void. If a minor person has been named as legatee by a testator, then a guardian should be appointed by the testator himself to manage the bequeathed property.

How Many Times Can One Make a Will?

A person as testator has power to make declaration of will innumerable times but it is always the last will of the testator which will prevail. The words ‘I declare this to be my last will’ need not be stated in the instrument of the will.

In India, it is not legally required to get the will executed in a court of law in the presence of a judicial magistrate. However, if you wish, the will can be executed in the presence of a magistrate or the public notary, nominated by government authorities, and sealed in their presence.

A will is liable to be revoked or altered by the maker of it at any time while he is competent to