A Will can be executed by any person who is not a minor and who is of sound mind. Persons who are deaf or dumb or blind can make a will provided they are able to know what they do by it. A person who is ordinarily insane may make a will during an interval in which he/she is of sound mind No person can make a will while he/she is in such a state of mind, whether arising from intoxication or from illness or from any other cause, that he/she does not know what he/she is doing. Will can be executed in any language and there is no prescribed form for execution of a Will.
The Expression 'will” Is Defined In Section 2(h) Of Indian Succession Act, 1925, And It Means The Legal Declaration Of The Intention Of A Testator With Respect To His Property Which He Desires To Be Carried Into Effect After His Death. In Simple Words, A Will Is The Document Through Which A Deceased Person Disposes Of His Property. A Person Who Dies Without Having Made A Will Is Said To Have Intestate.
The Will can be written wholly by the testator, with his own hand. In such case the Will is handwritten, it need not be signed or attested. Privileged Wills are Wills that maybe in writing or made by word of mouth by those in active services like soldier, airman or Mariner.
Will created by a person who is not a soldier employed in an expedition or engaged in actual warfare or a mariner at sea is known as an unprivileged Will
Person's desires regarding future medical treatment that an individual does or does not want in the event when he/she becomes too ill to communicate his/her wishes. This is also known as Advance Directives.
A person might have assets like a car, jewellery appliances a home, bank account, business, securities properties etc. In order to ensure that these assets will be distributed according to your wishes at the time of your death, you need a Will. If a person die without executing a Will (intestate), there are laws of inheritance which directs, how the deceased’s assets are to be distributed. happen, law chooses your beneficiaries, the administration of estate and the guardian of your minor children, and divides the money and property amongst heirs often contrary to your intention, which has not been expressed.
On March 9, 2018, the Legality of Living Will In India Supreme Court of India has passed a landmark judgment in the case of Common Cause vs. Union of India and Others.
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