What is a will?
A will is a legal document by which a person, the testator, expresses his or her wishes as to how his or her property is to be distributed at death, and names one or more persons, the executor, to manage the estate until its final distribution. Therefore a Will is a legal declaration of the intention of a testator with respect to his property, which he desires to be carried out after his death.
What is the purpose of a Will?
A will is a legally binding document that identifies who should inherit a person's property after they die. Recipients often include a spouse, children, grandchildren or a charitable organization.
Who is capable of making a will?
Every person of sound mind not being a minor may dispose of his property by will.
There are certain explanations
- A married woman may dispose by will of any property which she could alienate by her own act during her life.
- Persons who are deaf or dumb or blind are not thereby incapacitated for making a will if they are able to know what they do by it.
- A person who is ordinarily insane may make a will during interval in which he is of sound mind.
- No person can make a will while he is in such a state of mind, whether arising from intoxication or from illness or from any other cause that he does not know what he is doing.
What shall be the wordings of will?
It is not necessary that any technical words or terms of art be used in a will, but only that the wording be such that the intentions of the testator can be known therefrom.
Kinds of will
There are two kinds of Will.
- Privileged - Made by special class of persons such as soldier at war). It need not be attested.
- Unprivileged - Made by ordinary persons. Must be signed and attested by two persons.