A holographic will is a type of will that is handwritten and signed entirely by the person making the will (the testator), without the involvement of witnesses or typed documents. It expresses the testator’s intentions about the distribution of their property after death in their own handwriting. In Indian law, while traditional wills usually require certain formalities like witnesses, some newer laws or personal laws might recognize holographic wills as valid if certain conditions are met, such as clear handwritten expression and signature by the testator. The key features of a holographic will are: Entirely written by the testator in their own handwriting. Signed by the testator. Does not necessarily require witnesses (depending on jurisdiction or applicable law). Can be simpler to create but may face challenges in proving authenticity or intent.
Answer By AnikDear Client, Wills under Indian law are governed by the Indian Succession Act, 1925. A holographic will is actually a will that is entirely handwritten. The testator (the person whose will it is) writes it himself/herself and this kind of will also does not require any witnesses unlike a normal will which needs to be signed by at least two witnesses. A holographic will is recognized under the Indian Succession Act, 1925, however, there are some conditions to it – 1. It must be that the entire content of the will is in the testator’s handwriting so it can be proved that he wrote it himself/herself. 2. The will must show that the testator’s intent regarding any property distribution is properly mentioned and clarified. 3. Holographic wills do not mandatorily require witnesses but having their signatures may help avoid any disputes later on. 4. Such a will can be challenged in the court of law on the basis of authenticity or capacity issues. I hope this answer helps. For any further queries, please do not hesitate to contact us. Thank you.
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