Saturday, 4 June 2016

WILL

                                                          WILL
  
                                                


Can legatee under a will be witnesses to a will?
First we shall understand a what the word legatee means.  The legatee is the beneficiary
under Will. The dictionary meaning is “Someone who is given money or property after another man dies”.

Section 67 of Indian Succession Act 1925 refers to this situation. It clearly states that any bequest or appointment made to a witness or to his or her wife or husband to any persons claiming under either of them void. If the author of the will has bequeathed his assets to many beneficiaries, including the witness, his/her wife or husband, the Will is valid as to bequeath only to the beneficiaries other than witness, wife or husband of witnesses or persons claiming under either of them.

The interesting point is a legatee may be witness to a codicil confirming the contents of the Will and does not lose his legacy. However if the codicil has any variations, of the original will, the legatee or his/her wife, husband or persons claiming under either of them are not entitled to legacy.

Does Will made before marriage gets revoked after marriage?
The revocation of Will may voluntary or involuntary. An involuntary revocation is by operation of law.

Any Will made by a tester, stands revoked by the marriage of the testator that is one who makes the Will. Revocation results not only from the first marriage but also from any subsequent marriage. There is one exception. A will made in exercise of power of appointment, when the property over which the power of appointment is exercised, would not in default of such appointment pass on to his or her executor, administrator or to the person entitled in case of intestacy will not revoked in case of marriage. An-other exception is a will made in contemplation of his marriage will not be revoked on marriage. The Will made in contemplation of marriage will not be revoked on marriage. This provision of law is not applicable to Hindus, Buddhists, Sikhs and Jains.

Whether a Will made by persons who are deaf or blind care valid?
The Section 59 of Indian Succession Act 1925 prescribes that every person of sound mind and not being a minor, may dispose of his property by Will. The requirements are the person making a Will should have attained age of majority and be of sound mind while making Will. Further explanatory notes to the said Section provide that persons who are deaf or blind but capable of understanding what they are doing are competent to make the will. So any Will, made by a deaf or blind person, is valid if he has attained age of majority and of sound mind at the time of making the Will, and knows what is he is doing.

Can a co-parcener of Hindu joint family make a will disposing of his undivided interest?
Co-parcener of Hindu Joint family has undivided interest in the joint family property. The section 30 of Hindu Succession Act has removed any disability of the co-parcener to bequeath his undivided interest in the joint family property. The Hindu Succession Act makes it clear that any customs inconsistent with the provisions of Hindu Succession Act are removed.

Section 30 of Hindu Succession Act stipulates that any Hindu may dispose of by Will any property which, he is capable of being disposed off by him. The explanatory note states that interest of male Hindu is Mithakshara co-parcenary property is deemed to be property capable of being disposed. So a Hindu co-parcener may dispose of his undivided interest in joint family property by Will.

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