What are the different types of wills?

Answer By law4u team

In Indian law, a will is a legal declaration by a person (called a testator) about how their property should be distributed after their death. The law relating to wills primarily comes under the Indian Succession Act, 1925, which is still in force and has not been replaced by the new criminal codes (BNS, BNSS, or BSA), since wills are governed by civil and personal laws. Types of Wills Recognized in India: 1. Privileged Will Made by a person in the armed forces (soldier, airman, or mariner) engaged in actual warfare or at sea. Can be made verbally or in writing. Legal even if it doesn’t follow the usual formalities of signature or attestation. Has relaxed requirements due to the dangerous conditions in which it's made. 2. Unprivileged Will Made by any person not covered under privileged wills (i.e., civilians). Must be: In writing, Signed by the testator, Attested by at least two witnesses. Most common type of will in India. Based on Nature and Structure: 3. Holograph Will Entirely handwritten by the testator, signed, and dated. Carries a strong presumption of authenticity if the handwriting can be verified. Still needs attestation unless it qualifies as a privileged will. 4. Oral Will Also called a nuncupative will. Not generally valid under Indian law unless it qualifies as a privileged will. Not advisable, as it’s difficult to prove. Based on Legal Status: 5. Registered Will Registered with the Sub-Registrar under the Registration Act, 1908. Registration is not compulsory, but it gives the will stronger evidentiary value and helps prevent disputes. The testator must be physically present and prove identity. 6. Unregistered Will A valid will even if it’s not registered, as long as it meets legal requirements of signature and attestation. However, easier to challenge in court if doubts arise. Other Types: 7. Joint Will Made by two or more persons together (usually spouses), detailing how their combined property will be distributed. Takes effect after the death of both. Can be revoked by either party during their lifetime unless agreed otherwise. 8. Mutual Will Two individuals (often spouses) make separate wills with mutual terms—e.g., leaving property to each other. They are independent documents, but based on a mutual agreement. Summary: In India, the main types of wills are: Privileged Will (for armed forces) Unprivileged Will (for general public) Holograph Will (handwritten) Oral Will (only under privileged category) Registered and Unregistered Wills Joint and Mutual Wills Each type has its own legal implications, and unprivileged written wills with proper attestation are the most widely used.

Answer By Ayantika Mondal

Dear Client, Below, we discuss the most common types of wills used in estate planning. What is best for any individual may vary based on their unique situations and needs. Common Types of Wills: Simple Will (or Basic Will): This is the most common type. It details what you want done with your assets (property, money, personal belongings) upon your death. It usually appoints an executor to handle your estate and a guardian for minor children. It applies to most of those with simple estates. Testamentary Trust Will (or Will Trust): Upon your death this will take effect. It puts assets in the trust which in turn is managed by a named trustee for the benefit of your beneficiaries. It is used when beneficiaries are minors, have special needs, or when you want to control how and when they will inherit. Joint Will: This is a single document which is created and signed by two persons usually a married couple that puts forth their wishes. It typically goes to the surviving spouse/partner at first and then to named beneficiaries (like children) upon the death of the second person. A large issue is that once the first person dies in which case the second does not have the ability to change the terms which in turn may bring up issues if situations change. Mirror Wills (or Reciprocal Wills): Mirrored Wills (or Parallel Wills). These are separate but very similar wills that which one is written by a couple (spouses or partners). Upon each death of a party their estate goes to the other and upon the death of the second party the same named beneficiaries receive it. Each of the partners may usually change their will at any time. Living Will (or Advance Directive): Crucially this type of will does not pertain to the distribution of assets. Instead which is to put in place what you do or do not want in terms of medical care and at what point you no longer wish to receive life sustaining treatments should you lose capacity to make those decisions for yourself. It is a key component of a full estate plan yet does not do away with the use of a will for personal possessions. Less Common or Specialised Types: Holographic Will: A do-it-yourself will that is written out by the person who is making it out and which they also sign. The validity of these types of wills varies greatly by jurisdiction. Pour-Over Will: Used at the testator’s death to include in the trust any assets which may have been left out either by accident or intent at the time the trust was created. Nuncupative Will (or Oral Will): At the end of life a verbal expression of what a person wants to happen with their affairs. These types of declarations are almost never valid and in very few circumstances, which may include present danger of death, and also for issues related to personal property. I hope this answer helps you resolve the queries. If there is any concern still prevalent, then please contact our law firms. Thank you!