What is Will?
A Will is a legal declaration of a person on a document regarding the distribution of his assets after his death. It is a unilateral document that takes effect upon the death of a person allowing you to make an informed decision on how your wealth, property, and assets will be distributed on your death.
Will is a legal document but there is no prescribed form of it as it can be handwritten or typed on any document and not just the stamp paper. A Will may be revoked or altered by the owner at any time prior to his/ her death.
According to the India Succession Act, there are two types of wills, Privileged and Unprivileged will.
Unprivileged Wills are all other kinds of Wills and in the execution of these Wills, a lot of formalities need to be carried out from verification of signatures till attestation of witnesses.
Privileged Wills are those Wills that are made by soldiers who are employed in an expedition or a war-like situation or an airman or mariner. These types of Wills do not have many legal formalities and they can be made in writing or orally.
Execution of a Will
For starting the process of execution of the will, a Probate in India needs to be obtained from the court. A Probate of will is a legal certification of the genuineness of the will. It can be obtained by filing a petition before the court along with a schedule of the property and annexing a copy of the will to the petition as well. It should be expressly prayed to the court to grant probate to carry out the intention of the testator.