View Full Version : What is the will, who can make it and explain in whose faovour a will can be

09-01-2012, 01:20 AM
1. Introduction:
Will is a legal declaration of the intention of a testator with respect to his property which desires to be carried into effect after his death.
2. Relevant provisions:
Sec. 2h, 59, 62 succession act.
3. Meaning of will:
A will means disposition of property which takes effect after the death of testator.
4. Definition of will:
According to sec. 2(h):
"Will means the legal declaration of the intention of a teststor with respect to his property which he desires to be carried into effect his death."
5. Parties of will:
The person making will is called testator.
In whose favour the will is made is called legatee.
The proper bequested.
The person appointed to carry the will into execution is called executor.
6. Persons capable making will:
Following person are capable of making will:
(i) A married woman.
(ii) Deaf, dumb and blind.
(iii) Ordinary insance person.
7. Form of will:
A person may make will either orally or in writing and no formalities are required.
8. Essentials of will:
Following are essentials of will.
(i) There must be declaration.
(ii) The property must be capable of being transferred.
(iii) The property must be in existence at the time of the death of testator.
(iv) Testator must be the owner of the property.
9. Kinds of will:
Following are kinds of will:
(i) Joint will.
(ii) Mutual will.
(iii) Sham will.
(iv) Nuncupative will
(v) Duplicate will.
10. Types of will:
Following are two types of will:
(i) Conditional.
(ii) Unconditional.
11. Revocation of will:
A will can be revoked.
Modes of revocation
(i) Express:
(ii) Implied:
12. Limitation:
A person cannot by will dispose of more than one third of his property.
13. Conclusion:
To conclude i can say that will is endowment with the property of the any thing after death of one person. the subject of legacy should be exit at the time of death of the testator.