In India, wills are essential legal documents that allow individuals to specify how their assets should be distributed after their death. The Indian Succession Act of 1925 allows for the creation and enforcement of wills, outlining several types of wills. Each type serves different purposes and performs its own legal requirements. Let's take a look at the different types of cards available in India.

Unprivileged Will

Unprivileged wills are the most common type of will in India. It can be made by any person who is not a soldier, sailor or airman in active service. Unprivileged wills are governed by strict legal procedures, as outlined in Section 63 of the Indian Succession Act, 1925.

Main features:

- The application must be in writing.

• The testator (the person making the will) must sign or affix their mark on the will. If they are unable to sign, someone else may do so in their presence and on their behalf at their direction.
• The will must be attested by at least two witnesses, who must be seen signing the will, or their signature must be acknowledged.

Example

A non-privileged will is created by a person who wants to distribute their property among their children and appoint a guardian for the minor child after their death.

Privileged Will

A privileged will is a special type of will that can be made by soldiers, sailors, and airmen who are on an expedition, engaged in actual combat, or are mariners at sea. Privileged wills are subject to more flexible legal requirements due to the circumstances in which they are made.

Main features:

• Unlike unprivileged wills, privileged wills can be oral or written.
• If the will is written, it does not have to be signed by the testator or attested by witnesses. If oral, it must be conducted in the presence of two witnesses.
• The loose requirements reflect the potentially dangerous situations these individuals may find themselves in, where formal execution of a will is not possible.

Example

A special will can be made by those who wish to provide instructions for the delivery of their belongings in the event of the death of a soldier on active duty.

Holographic Will

• A holographic will is completely handwritten and signed by the testator. Although not explicitly mentioned in the Indian Succession Act, holographic wills are recognized in India under common law if they meet the necessary legal requirements.

Main features:

• The will should be completely in the hands of the testator.
• The testator must sign the will.
• To be legally valid, the will must still be certified by at least two witnesses.

Example

Without the formalities of typing and printing, especially in situations where legal aid is not immediately accessible, a person can write a holographic will if they want to quickly record their last wishes.

Example

Without the formalities of typing and printing, especially in situations where legal aid is not immediately accessible, a person can write a holographic will if they want to quickly record their last wishes.

Main features:

• Both parties express their wishes in a single document.
• The will reflects the mutual agreement of both testators regarding the distribution of their estates.
• After the death of a testator, the living testator generally cannot change the will.

Example

Married couples may create a joint will in which they want to ensure that their assets are passed on to their children in a special way after their death.

mutual sale deed

Mutual wills are separate and identical wills in which two or more individuals, often spouses, agree to leave their property to each other or to a third party in a specific manner. These wills are usually associated with the living testator, meaning they cannot be changed after a party's death.

Main features:

• Each person creates a specific will, but the content is usually the same.
• Wills are tied to the living testator, which means they cannot be changed once one of the testators has died.
• Mutual wills often contain specific facts that reflect the agreement between the parties.

Example

Mutual wills may be created by a husband and wife who want to ensure that their property is passed on to their children in a certain way after death.

living will

A living will, also known as an advance health care proposal, is not a will in the traditional sense of distributing assets after death. Instead, it is a document that describes the testator's wishes regarding medical treatment and end-of-life care if they are incapacitated and unable to communicate their decisions.

Main features:

• These will specify the medical treatments that the tester may or may not need in the event that they are unable to make decisions themselves.
• Unlike other wills, a living will does not deal with the distribution of assets.
• In 2018, the Supreme Court confirmed the legal status of living wills in India, recognizing the right to die with dignity under Article 21 of the Constitution of India.

Example

A person with a terminal illness, who has no hope of recovery, may create a living will to make it clear that they do not want to be kept on life support.

conditional or contingent will

A conditional or contingent will is a type of will that takes effect only if a particular condition or event occurs. If the condition is not met, the wish will not be carried out.

Main features:

• The will contains a specific condition that must be met for the will to be valid.
• If the specified event or condition does not occur, the will does not take effect.
  - The conditional or contingent will is recognized under Indian law, but the condition must be clearly stated and lawful.

Example

A person may make a conditional or contingent will that his assets be distributed to his children only if he dies in a particular accident or incident. Copy Paraphrase