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How is the Unprivileged Will executed?

October 13, 2021

This article provides an introduction to Will, and how is the unprivileged will executed. 

An Introduction to Will 

A Will, also known as a testament is a document written by an individual who could be classified as a testator. This document would describe the asset lists of testator possession and how that asset list could be distributed to others as per the testator’s wish. The Will document is used for legal purposes.

The Will document describes the intent of the testator and has to include the assets which the testator owns and how the distribution of those assets as per the testator’s wish. 

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Various types of Will

There are various types of Will as per the legal system.

  • Unprivileged Will; 
  • Privileged Will; 
  • Joint Will; 
  • Concurrent Will; 
  • Mutual Wills
  • Duplicate Will
  • Sham Will
  • Conditional/ Contingent Will

In this article, let us brainstorm about the Unprivileged Will 

As we all know, the Unprivileged is the opposite of Privileged.

In English, Privileged Person is someone who is been honored.

Privileged Will is made by someone who has served in the Armed Forces or engaged in warfare of some kind. The Privileged Will could be either in verbal form or handwritten.

An unprivileged Will is made by all others who do not fall under the category of “Privileged”.

The scrutiny and validity of an Unprivileged Will are based on the following criteria.

• Primarily in India, this type of Will must be in written form. Under Succession Act, the words used in the Will must be simple and clear.

• Two or more witnesses must sign and/or affix their thumb impression with their clear names/identity details in the Will.

• The Beneficiary of the Will cannot be witnesses signatories in the Will

• The Testator or the person who writes the Will must sign and/ or affix his/her thumb impression in the Will.

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Usually, many Indian families don’t make the Will or initiate to do so even; though everyone knows that death is inevitable and there could be legal complications of the properties and assets own by an individual that cannot be inherited by the heirs without proper legal documentation. And moreover, if the owner of the property wants to distribute his/her assets to people of his/her after the demise, it cannot happen so easily. 

Will writing and registration of the same is the only choice that would make this possible. This benefit needs to be made known to everyone so that there would not be any tussle amongst people after the demise of their loved ones.

The other benefit of an unprivileged Will is to help if a person wishes to pass on a larger share of his/ her property, to those of special needs of his/ his own children or otherwise.

The Unprivileged Will would avoid legal cases of Civil or other nature as most of the legal cases would affect with more legal expenses; and also, the waste of time for everyone involved. 

The execution and settlement as per the Testator’s wishes in the distribution of his/her assets without hassles and disputes is the bigger benefit of Unprivileged Will writing/registration. 

It has also been observed that in many scenarios the family people would not be aware of the assets/ movable/ immovable properties of a deceased person. As death is inevitable and unpredictable, it is always a good choice the Unprivileged Will writing will facilitate the near and dear ones to track and take over the properties as per the deceased person’s wish.

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how is the unprivileged will executed

How is an Unprivileged Will executed? 

Usually, as per the norms and practice in the Will writing clause, an executor/or a fall-back executor would be named in the Will document who has to ensure the execution of the unprivileged Will. The Executor could otherwise be called as “Power-of-Attorney” and is given sufficient power to make sure that the contents of the unprivileged will are executed correctly. 

The Judiciary Process could also be set which is otherwise called a “Probate Court”. The Probate Court is a part of the judiciary that handles matters mainly related to Unprivileged Wills.

Revoke of Unprivileged Will is also a possible scenario. As the Unprivileged Will would become valid only after the originator or otherwise called as Testator demise. The Testator could revoke his Unprivileged Will and also make changes/conditions to the Will. Only the last Will of his would-be effective and all the older Wills would become null-and-void. This is the reason the Will must have an appointment of the Executor who must be a loyal and faithful person of the Testators.

With respect to India, The Indian Succession Act of 1925 governs all relevant details related to succession in India. However, the Indian laws are little complex as it allows minorities to govern with their own legal system within the framework. Particularly with respect to Muslim Personal Law. Here, matters related to succession and inheritance in Muslim families are governed by executing an unprivileged will in family law. Also, with respect to another minority group like the Parsis and Christians in India have their own succession rules governed by family laws.

If you need assistance in how is the unprivileged will executed, contact eSahayak

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