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Law of wills

Definition and execution

 The law of wills applies to Christian and Hindus 

Will and deed

A deed is a transfer intervivos (between living persons)

operates in praesenti .

Will takes effect after the death of the testator 

Will is revokable

It does not require registration 

Gift Mortis causa and inter vivos 

Donatio mortis causa is the gift made by a person at death bed

When the owner recovers the gift wil not be valid

Can be only movable property

Effected only by delivery of possession 

Ordinary gift can be both movable and im and effected by registered instrument

Codicil

Made in relation to wil any alterations Maye be done it is part of the will.

Privileged and unprivileged will

Privileged will

Executed by soldier , airman, mariner .

The rest is unprivileged will

1. It can be made orally with two attesting witnesses 

2. May be signed or attested

3. Even when not signed or attested will be valid and executing according to his directions 

4. If he a alive privileged will ceases.

Unprivileged will

Mode of execution 

1. Testator should sign or affix his mark with two witnesses 

2.the witnesses may sign not seeing the testator executing the will.

Bequest to attestor  or executor 

The bequest would be valid if the attestor is wife/ husband 

Executor

If the executor carried out the funeral of the testator he can prove the intention and take the legacy

Id he fails the legal representative can take the legacy.

Testamentary capacity

The person should not minor, lunatic

An insane person may execute during lucid interval

But when he s not able to identify the contents of the will then he’s not In  a position to execute the will .

Revocation of will

Void bequest

Conditional and contingent bequest

Probate

Letter of administration 

Curator

Succession certificate 




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