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Types of will
There are different
types of Will:-
Simple Will1)
Simple Will is a document whereby a person bequests both moveable
and immovable assets in straight forward manner without providing
details of all properties.
2) Comprehensive
WILLComprehensive Will generally covers more details like:
Name of Executor as well as Alternate Executor
Guardian for minor children
Complete details of all Immovable properties as well as joint ownership status,
if any
Complete details of each and every movable properties like Insurance policies,
bank accounts, jewellery, vehicles, shares, demat accounts, PF/Gratuity etc.
Details about loans, liabilities
Details about funeral expenses
Details about charity, organ donations etc.
Conditional or
Contingent Will
3)
The Conditional or Contingent Will may be expressed to take effect only in
the event of the happening of some consistency and condition and if the
contingency does not happen or the condition fails, the Will shall not be
legally enforceable. A conditional Will to be valid should have conditions
which are valid and expectable and should not be contrary to law or
immoral.
4) Joint Will
Joint Will is a made by two or more person in consent whereby both
bequest their assets as per their wishes individually or jointly to the
person of their choice. Joint will however create liabilities and
restriction in case of joint bequest as the execution of the Will is
possible only on the demise of both the joint testators.
5) Mutual Will
A Will is mutual Will when the two testators confer upon each other
reciprocal benefits by either of them constituting the other his legatee
that is to say , when the executants fulfills the roles of both testator and
legatee towards each other but incase if the legatee and the testator are
different then the Will wont be a Mutual Will.
6) Mirror Will
Mirror Will are mainly advisable in case of family members , joint property,
partnership firm or in cases where the clauses and condition regarding
two wills are very much similar and where by the two or more wills are to
be generated with slight changes as to bequest and other details . Such
Wills are easy to draft and save time and money and are easy to execute
and legally more valid. In case of husband and wife they bequest their
assets to each other and latter on to their children in such cases mirror
will is mainly advisable as it is in simple language, easily revocable and
easily understandable as well.
7) Duplicate Will
A testator for the sake of safety can make a Will in duplicate. One of
which he can keep in his possession and the other in safe custody in bank
locker or with the executor or his heirs in order for safe execution in
future. Mainly in case of NRI who reside out of India can make a Duplicate
Will and keep one in his custody and one in the custody of his local
executor.
8) Concurrent Will
In today’s India people have property in more than one country or there are
NRIs owning many properties in India in addition to the properties owned in
his country of residence, in such a situation a person prefers to draft two
or more Wills rather than one single Will in order to enable easy execution
of the Wills according to the law and order of the Country where the
property is situated. Such different Wills by a single person shall be treated
as concurrent to each other and as independent, unless there is any
indication to the contrary. Concurrent Will can be made for property
located in same country as well however it is more convenient in that case
to draft a Single Will.
9) Sham Will
Intention of the testator is one of the essential condition for a will to be
legally valid sham wills are wills which are purported according to all the
required formalities of a will but still if it is shown that such wills were
executed for some collateral object or with out the intention of the
testator is considered as invalid in the law.
10) Holograph Will
Holograph wills are hand written wills where by the testator write the
entire will by his own hand naturally since it is hand written has more
genuineness related to it however it need to satisfy all required statutory
condition . it is usually in case of military persons who are on war or
outside posting where computers or modern amenities are not available
are usual permitted to make hand written wills which are considered as
privileged wills. Holograph wills are excepted in some countries and are
not accepted in other states.
11) Privileged and
Unprivileged Wills
Under Indian Succession act a privileged Will are those wills which are
made by any soldiers, air man or navy person who is willing to dispose of
his will during his service period or during the course of his or her
employment. A soldier does not include a civilian engineer employed by the
army who has no military status. An Unprivileged Will includes all will not
made by a person other then a solider or military person all unprivileged will
has to satisfy all the conditions of a valid wills.
Thank You

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Types of will

  • 1. Types of will There are different types of Will:-
  • 2. Simple Will1) Simple Will is a document whereby a person bequests both moveable and immovable assets in straight forward manner without providing details of all properties.
  • 3. 2) Comprehensive WILLComprehensive Will generally covers more details like: Name of Executor as well as Alternate Executor Guardian for minor children Complete details of all Immovable properties as well as joint ownership status, if any Complete details of each and every movable properties like Insurance policies, bank accounts, jewellery, vehicles, shares, demat accounts, PF/Gratuity etc. Details about loans, liabilities Details about funeral expenses Details about charity, organ donations etc.
  • 4. Conditional or Contingent Will 3) The Conditional or Contingent Will may be expressed to take effect only in the event of the happening of some consistency and condition and if the contingency does not happen or the condition fails, the Will shall not be legally enforceable. A conditional Will to be valid should have conditions which are valid and expectable and should not be contrary to law or immoral.
  • 5. 4) Joint Will Joint Will is a made by two or more person in consent whereby both bequest their assets as per their wishes individually or jointly to the person of their choice. Joint will however create liabilities and restriction in case of joint bequest as the execution of the Will is possible only on the demise of both the joint testators.
  • 6. 5) Mutual Will A Will is mutual Will when the two testators confer upon each other reciprocal benefits by either of them constituting the other his legatee that is to say , when the executants fulfills the roles of both testator and legatee towards each other but incase if the legatee and the testator are different then the Will wont be a Mutual Will.
  • 7. 6) Mirror Will Mirror Will are mainly advisable in case of family members , joint property, partnership firm or in cases where the clauses and condition regarding two wills are very much similar and where by the two or more wills are to be generated with slight changes as to bequest and other details . Such Wills are easy to draft and save time and money and are easy to execute and legally more valid. In case of husband and wife they bequest their assets to each other and latter on to their children in such cases mirror will is mainly advisable as it is in simple language, easily revocable and easily understandable as well.
  • 8. 7) Duplicate Will A testator for the sake of safety can make a Will in duplicate. One of which he can keep in his possession and the other in safe custody in bank locker or with the executor or his heirs in order for safe execution in future. Mainly in case of NRI who reside out of India can make a Duplicate Will and keep one in his custody and one in the custody of his local executor.
  • 9. 8) Concurrent Will In today’s India people have property in more than one country or there are NRIs owning many properties in India in addition to the properties owned in his country of residence, in such a situation a person prefers to draft two or more Wills rather than one single Will in order to enable easy execution of the Wills according to the law and order of the Country where the property is situated. Such different Wills by a single person shall be treated as concurrent to each other and as independent, unless there is any indication to the contrary. Concurrent Will can be made for property located in same country as well however it is more convenient in that case to draft a Single Will.
  • 10. 9) Sham Will Intention of the testator is one of the essential condition for a will to be legally valid sham wills are wills which are purported according to all the required formalities of a will but still if it is shown that such wills were executed for some collateral object or with out the intention of the testator is considered as invalid in the law.
  • 11. 10) Holograph Will Holograph wills are hand written wills where by the testator write the entire will by his own hand naturally since it is hand written has more genuineness related to it however it need to satisfy all required statutory condition . it is usually in case of military persons who are on war or outside posting where computers or modern amenities are not available are usual permitted to make hand written wills which are considered as privileged wills. Holograph wills are excepted in some countries and are not accepted in other states.
  • 12. 11) Privileged and Unprivileged Wills Under Indian Succession act a privileged Will are those wills which are made by any soldiers, air man or navy person who is willing to dispose of his will during his service period or during the course of his or her employment. A soldier does not include a civilian engineer employed by the army who has no military status. An Unprivileged Will includes all will not made by a person other then a solider or military person all unprivileged will has to satisfy all the conditions of a valid wills.