In India, wills are essential legal documents that allow individuals to specify how their assets will be distributed after their death. The Indian Succession Act, 1925 allows for the creation and execution of wills, and it deals with various types of wills. Each type serves a different purpose and has its own legal requirements. Let's see what are the different types of Wills available in India.

Unprivileged will

An unprivileged will is the most common will in India. It can be made by anyone who is not an active duty soldier, sailor or air force. Non-privileged wills are governed by strict statutory procedures as described in Section 63 of the Indian Succession Act, 1925.

Key Features:

The will must be in writing.

• The testator (the person making the will) must sign or affix their mark to the will. If they are unable to sign, someone else can do so for them in their presence and at their direction.
• The will must be attested by at least two witnesses who must see the signing of the will or approve their signature.

Example

A person who wishes to distribute their property among their children and appoint a guardian for their minor child upon their death will create an unprivileged will.

Privileged will

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

Key Features:

• Unlike unprivileged wills, privileged wills can be oral or written.
• If the will is written, it need not be signed by the testator or attested by witnesses. If oral, it must be done in the presence of two witnesses.
• The relaxed requirements reflect the precarious situations these individuals may find themselves in, where formal execution of a will is not possible.

Example

A special will can be made for those who wish to make instructions for the distribution of their belongings in the event of the death of an active duty soldier.

Holographic will

• A holographic will is completely handwritten and signed by the testator. – – Although not expressly mentioned in the Indian Succession Act, holographic wills are recognized in India at common law if they fulfill the necessary statutory requirements.

Key Features:

• The will must be entirely in the testator's handwriting.
• The testator must sign the will.
• - To be legally valid, the will must still be attested by at least two witnesses.

Example

A holographic will can be written if a person needs to quickly record their last wishes without the formalities of typing and printing, especially in situations where legal aid is not immediately accessible.

Joint will

A joint will is a single document in which two or more persons, usually spouses, agree to distribute their estates in a specific manner. A joint will becomes irrevocable after the death of one of the testators, unless both parties agree otherwise.

Key Features:

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

Example

A married couple may create a joint will that wishes to ensure that their assets are passed on to their children in a specific manner after their death.

Mutual will

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

Key Features:

• Each person creates a unique will, but the content is usually the same.
• - Wills are binding on a living testator, meaning they cannot be changed once one of the testators dies.
• Mutual wills often contain specific facts that reflect an agreement between the parties.

Example

A husband and wife who want to ensure that their property is passed on to their children in a specific way after death may create mutual wills.

Living Will

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

Key Features:

• These will specify the medical treatment that the testator will or will not receive in the event that he is unable to make decisions for himself.
• Unlike other wills, a living will does not deal with the distribution of assets.
• The Supreme Court upheld the legal status of living wills in India in 2018, recognizing the right to die with dignity under Article 21 of the Indian Constitution.

Example

A terminally ill person may create a living will to specify that they do not wish to be kept on life support if there is no hope of recovery.

Conditional or contingent will

A conditional or contingent will is a type of will that takes effect only upon the occurrence of a certain condition or event. If the condition is not met, the will will not be executed.

Key Features:

• A will contains a specific condition which must be fulfilled for the will to be valid.
• If the specified event or condition does not occur, the will does not take effect.
  – കണ്ടിഷണൽ അല്ലെങ്കിൽ കണ്ടിജൻ്റ് വിൽ ഇന്ത്യൻ നിയമപ്രകാരം അംഗീകരിക്കപ്പെട്ടതാണ്, എന്നാൽ വ്യവസ്ഥ വ്യക്തമായി പ്രസ്താവിക്കുകയും നിയമാനുസൃതമായിരിക്കണം.

Example

A conditional or contingent will is recognized under Indian law, but the condition must be clearly stated and lawful.