Understanding Unprivileged Wills: A Comprehensive Guide to Legal Declarations

Introduction

A “Will” is a crucial legal document that dictates the distribution of a person’s movable and immovable property after their demise. Among the various types of wills, this blog focuses on Unprivileged Wills.

Unlike Privileged Wills, which have specific criteria and limited eligibility, Unprivileged Wills are accessible to a broader range of individuals. In this comprehensive guide, we delve into the intricacies of Unprivileged Wills, exploring their conditions, benefits, execution process, and relevant legal frameworks.

What is an Unprivileged Will?

An Unprivileged Will, as defined under the Indian Succession Act of 1925, is a legal document that can be created by any individual who is not eligible to make a Privileged Will. The creator must be of sound mind and of mature age, meeting specific conditions to ensure the will’s validity.

When considering the creation of a will, it’s crucial to understand the various types, including privileged and unprivileged wills. For a comprehensive guide on the different types of wills, their legal implications, and how to create them, explore our blog on Online Will Drafting And Registration in India.

Conditions for Validity:

For an Unprivileged Will to be legally valid, the following conditions must be met:

1. Written Form: The will must be in written form, with clear and intelligible language.
2. Signature/Mark: The creator must sign or affix their mark on the will, as per Section 63 of the Indian Succession Act.
3. Clear Intention: The signature or mark should indicate a clear intention to give effect to the will’s content.
4. Attestation: Two or more witnesses, excluding beneficiaries, must attest to the signing or marking of the will.

Benefits of Unprivileged Wills:

Unprivileged Wills offer several advantages, serving as a crucial tool for individuals and families:

1. Distribution of Property:

• Ensures property is distributed as per the creator’s wishes.
• Addresses special needs of specific heirs.

2. Legal Hassle Reduction:

• Facilitates timely property transfer, avoiding lengthy legal battles.
• Prevents costly disputes among family members.

3. Financial Security:

• Allows for customization of property distribution based on individual family members’ financial needs.
• Provides for heirs with special requirements.

4. Proper Inventory Management:

• Helps create a detailed inventory of assets, reducing the risk of unclaimed properties.
• Ensures legal heirs are aware of the deceased’s complete asset portfolio.

Execution of Unprivileged Wills:

Understanding the execution process is crucial for ensuring the validity of an Unprivileged Will.

1. Executor Appointment:

• An executor is appointed to oversee the execution, ensuring the will’s contents are carried out correctly.
• A probate court supervises the executor to honour the testator’s wishes.

2. Revocation:

• An Unprivileged Will can be revoked by marriage, another will, a written declaration, or destruction in the presence of the testator.

3. Laws Governing Unprivileged Wills:

• The Indian Succession Act of 1925 is the primary governing law.
• Personal laws, such as Muslim Personal Law, Parsi laws, and Christian laws, also play a role.

Legal Framework (Sections 63-64):

A closer look at the legal provisions governing Unprivileged Wills, as outlined in Sections 63 and 64 of the Indian Succession Act.

1. Persons Entitled to Execute Unprivileged Wills:

• Emphasizes the necessity for compliance with formalities for both privileged and unprivileged wills.

2. Section 63 – Execution of Unprivileged Wills:

• Breakdown of the detailed requirements for the execution of Unprivileged Wills.

Conclusion

This comprehensive guide aims to demystify Unprivileged Wills, offering valuable insights into their creation, benefits, execution, and legal aspects. Understanding these key elements empowers individuals to navigate the process of safeguarding their assets and ensuring a smooth transition for their heirs.

FAQs on Unprivileged Wills:

Addressing common questions helps clarify nuances associated with Unprivileged Wills.

1. What is an Unprivileged Will in Family Law?
   • An Unprivileged Will is one not made in accordance with formal legal requirements.
2. Can I change conditions in an Unprivileged Will?
   • Yes, the creator has the liberty to change or alter the contents at any time.
3. Can an Unprivileged Will be enforced during the creator’s lifetime?
   • No, it only takes effect after the creator’s death.
4. Is registration mandatory for an Unprivileged Will?
   • While not legally required, registration with the Sub-registrar is advisable for added validity.