Types of Wills in India: Understanding the Differences
A will is a legal document that allows a person to decide how their property and assets should be distributed after their death. In India, wills are governed by the Indian Succession Act of 1925. Different types of wills serve different purposes, and knowing about them can help you make the right choice while planning your estate.
1. Unprivileged Will:
This is the most common type of will. It applies to all individuals except soldiers, sailors, and airmen in active service.
Key Features:
- Must be in writing.
- The person making the will (testator) must sign it. If they cannot, someone else can do it on their behalf in their presence.
- Must be signed by two witnesses who have seen the testator sign the will.
Example: A person who wants to distribute their property among their children and appoint a guardian for a minor child can create an unprivileged will.
2. Privileged Will:
This will is specifically for soldiers, sailors, and airmen in active service or mariners at sea. The legal formalities are more relaxed.
Key Features:
- Can be oral or written.
- If written, it does not need to be signed by the testator or attested by witnesses.
- If oral, it must be made in front of two witnesses.
Example: A soldier on duty who wants to leave instructions for distributing their belongings in case of death can make a privileged will.
3. Holographic Will:
A holographic will is entirely handwritten and signed by the testator.
Key Features:
- Must be written in the testator’s own handwriting.
- Must be signed by the testator.
- Should be attested by two witnesses for legal validity.
Example: A person who wants to quickly document their last wishes without legal formalities may write a holographic will.
4. Joint Will:
A joint will is created by two or more people, usually spouses, in a single document. After one person dies, the will cannot be changed unless otherwise agreed.
Key Features:
- Both individuals express their wishes in a single document.
- The surviving person cannot change the will after the first testator’s death.
Example: A married couple who wants to ensure that their children inherit their property can create a joint will.
5. Mutual Will:
Mutual wills are separate wills made by two or more people, often spouses, with identical terms. These wills are binding, meaning the surviving person cannot change them after one party dies.
Key Features:
- Each person creates a separate will with identical content.
- The wills cannot be changed after the first testator’s death.
Example: A husband and wife who want to ensure their property is passed to their children in a specific way can create mutual wills.
6. Living Will:
A living will, also called an advance healthcare directive, is different from other wills. It states a person’s medical treatment preferences if they become unable to communicate.
Key Features:
- Specifies which medical treatments a person wants or does not want.
- Does not deal with asset distribution.
- Recognized by the Supreme Court of India in 2018.
Example: A person with a terminal illness may create a living will to state that they do not wish to be kept on life support.
7. Conditional or Contingent Will:
This type of will comes into effect only if a specific condition mentioned in the will is met.
Key Features:
- Includes a condition that must happen for the will to be valid.
- If the condition does not occur, the will does not take effect.
Example: A person may create a will stating that their assets should be given to their children only if they die in a specific event, such as a car accident.
Conclusion:
Understanding the different types of wills can help in proper estate planning. Each type serves a unique purpose and has different legal requirements. Whether you need a simple unprivileged will or a special living will, it’s essential to choose the right one to ensure your assets are distributed as per your wishes. Consulting a legal expert is always advisable to ensure that your will is valid and enforceable.
Disclaimer: This article is for educational purposes only and does not provide legal advice.
