What is a Will, Importance of Making a Will

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.
A person bequeaths his estate to his heirs or to any other person of his choice with this instrument.
When a testator desires to give his entire estate to a single person or to a particular group of persons excluding others from inheriting his estate, it is important to execute a Will and bequest accordingly.
A Will can be made by anyone, provided such person is of sound mind.
A minor cannot make a Will.
Provisions of Will are governed by the Indian Succession Act, 1925
We will understand the concept of Will & its Importance in this Article

Wills are of two types –
- Privileged Wills and,
- Unprivileged Wills
Privileged Wills, refer to Wills made by a soldier, sailor or air-man employed in an expedition or actual warfare or by a mariner at sea, wills made by such category of persons is referred to as privileged wills.
Unprivileged Wills, refer to Wills made by common citizens of the Country.

Will & its Importance is understood on the death of a person because many a times when a person who dies without leaving a Will causes rift between the family of such deceased.
By executing a Will, a person’s estate will devolve upon the persons and heirs of his choice.
In the case a person dies intestate (i.e without making a Will) then in that case, his property will devolve according to the personal laws of succession which he is governed by.
In India, Buddhists, Jains, Hindus & Sikhs are governed by Hindu Succession Act, whereas Christians are Governed by the Indian Succession Act and Muslims are governed by their personal laws

A testator can prepare a Will by himself, it can be handwritten or printed, and it need not be prepared on a stamp paper.
A clause mentioning that all earlier Wills are revoked and this is the last Will and Testament of the testator is preferred.
Appointment of an Executor, an Executor means the person who will execute the Will of the deceased and hence appointment of such a person is necessary, it is to be noted that it is not mandatory to appoint an executor.
Bequeathing clause, under this clause property, movable and immovable with its details should be mentioned and names of people who will bequeath such property should be mentioned in this clause.
Residue clause should be mentioned and person who will succeed to such property on the testator’s death should be named in order to distribute the properties which are acquired by the testator after making the Will is made.
Signature clause includes signature of the testator himself, the testator must sign in presence of the two witnesses.
Attestation clause means attestation by two witnesses who sign in presence of each other and the testator.
Registration of a Will is not mandatory, however a testator can register his Will, if he so pleases.

If a person marries after making a Will, then the Will made earlier by the said person will become infructuous.
If a person desires to make any changes to the Will, then a Codicil for the same will can be prepared, keeping the earlier Will intact.
Person professing the Muslim Faith can bequeath only 1/3^rd of his property through Will.

Thus, it we can say that, a person dying leaving a Will, in turn attract lesser disputes amongst the heirs of the deceased, and hence it is advised to make a Will for people having substantial amount of property.

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