Explain the following: The essential characteristics of a Will.

CS Professional · Drafting, Pleadings and Appearances · PYQS · June 2025
Explain the following: The essential characteristics of a Will.

Answer & Explanation:

Answer 2(c) The essential characteristics of a Will are as follows: The document must be in accordance with the requirements laid down under section 63 of Indian Succession Act, 1925; i.e., executed by a person competent to make Will and attested as required under the Act. The declaration should relate to the properties of the testator, which he wishes to bequeath. The declaration must be to the effect that it operates after the death of Testator. It is revocable during the life time of the testator. As per section 62 of the Indian Succession Act, 1925 a will is liable to be revoked or altered by the maker of it at any time when he is competent to dispose of his property by will. Any clause in a will that the testator cannot revoke, it will render the Will void. It is of an ambulatory nature which can be modified or altered at any time by the testator. After the Indian Succession Act, 1925, Wills (except made by Mohammedans) should be made in writing.

Topics: Drafting Instruments

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