The Indian Succession Act, 1925 governs the execution, interpretation, and revocation of Wills for most communities in India (excluding Muslims, who are governed by personal laws).
1. Definitions
- Will (Section 2(h)): The legal declaration of the intention of a testator with respect to his property which he desires to be carried into effect after his death. It is inherently revocable during the testator's lifetime.
- Codicil (Section 2(g)): An instrument made in relation to a Will, explaining, altering, or adding to its dispositions. It is deemed to be a part of the Will.
2. Essentials of a Valid Will
- Testamentary Capacity: The testator must be of sound mind, major, and free from coercion, fraud, or undue influence.
- Execution & Signature: The testator must sign or affix their mark to the Will, showing a clear intent to execute it.
- Attestation: The Will must be attested by two or more witnesses, each of whom must have seen the testator sign or affix their mark. The witnesses must sign the Will in the presence of the testator (no joint attestation required).
3. Revocation & Probate
- Revocation: A Will is revoked by marriage of the testator (except for Hindus), or by executing a new Will, or by destroying/burning the Will with the intention of revoking it.
- Probate: The official copy of a Will certified under the seal of a court of competent jurisdiction, establishing the legal authority of the Executor.