Wills & Codicils Deeds Wills & Codicils 1732 Legal Draft Template
| Category | Deeds Wills And Codicils |
| Format | Rich Text |
| File name | WILLS & CODICILS-Deeds-Wills & Codicils-1732.rtf |
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WILLS & CODICILS
HIGHLIGHTS
WILL = Section 2 (h) of the Indian Succession Act - A legal declaration of the intentions of the testator with respect to his property which he desires to be carried into effect after his death. It is a statement in writing to the effect that somebody wishes his property to be distributed after his death.
CODICIL =
Section 2 (b) of the Indian Succession Act - An instrument made in writing in relation to a will, explaining, altering or adding to its dispositions and shall be deemed to form a part of the will.
1. A will does not take effect from the date of its execution but from the date of the death of the testator. Therefore, the draftsman has to consider not only the circumstances of the testator at the time when he executes the will but also what may be possible at the time of his death. He requires to have an experienced and a well-cultivated imagination and visualisation.
2. No particular form or technical words are necessary, but the intentions of the testator should be clearly known.
3. A will can be revoked by the testator anytime during his lifetime.
4. In case of two wills, the first will shall be revoked.
5. The will should be attested by two or more witnesses, and the testator should sign in the presence of the witnesses, so also the witnesses should sign in the presence of the testator.
6. The testator may appoint an executor.
7. Tenancy rights cannot be bequeathed by will.
8. A will is not a compulsorily registrable document.
9. No stamp paper is required for writing down the contents of the will.
10. Every person of sound mind, (not being a minor) may dispose of his property by will. Property may be movable or immovable.
11. It is said that if a person dies without writing a will, the lawyers become their heirs. Will, partition and succession have been steady sources of litigations and family feuds.
12. A will shall be revoked by the subsequent marriage of the testator.
13. The legatee and executor should not sign as witnesses.
14. Though it is not necessary to register a will, it is advisable to do so, as it is a stamp of genuineness to it.
15. If the testator has appointed an executor, he/she has to get "probate" and "letters of administration" from the district court after the death of the testator. Probate means the copy of the will certified under the seal of the court with the grant of administration to the estate of the testator. Probate will be granted only to the executor appointed by the will. If the deceased did not leave a will, the court can grant letters of administration to any person who would be entitled to the whole or part of the estate.
Attestation to Will or Codicil
We,
(1)
Shri
A B C , and (2) Shri
X
Y
.Z.
the undersigning attesting witnesses, have seen the testator executing this
will, and each of us has signed in the presence of the said testator.
Sd/- ABC
Sd/- XYZ
WITNESSES