Will, 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. [Indian Succession Act, 1925 (39 of 1925), s. 2 (h)]
The definition of 'will' in s. 2 (h) of the Indian Succession Act 1925, would show that it is 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, Mahalinga Thambiran Swamiga v. His Holiness Sri La Sri Kasivasi Arulnandi Thambiran Swamigal, AIR 1974 SC 199 (203): (1974) 1 SCC 150: (1974) 2 SCR 74.
Will is a translation of the Latin word 'voluntas', which was a term used in the text of Roman law to express the intention of a testator. It is of significance that the abstract term has come to mean that document in which the intention is contained. The same has been the case with several other English law terms, the concrete has superseded the abstract - obligation, bond, contract, are examples (William: Wills and Intestate Succession, p. 5), Uma Devi Nambiar v. T.C. Sidham, (2004) 2 SCC 321 (329): AIR 2004 SC 1772. (Succession Act, 1925, ss. 57, 58 and 59)
Will shall include a codicil and every writing making a voluntary posthumous disposition of property. [General Clauses Act, 1897 (10 of 1897), s. 3(64)]
1. Wish; desire choice 2. A document by which a person directs his or her estate to be distributed upon death, Black's Law Dictionary, 7th Edn., p. 1592.