An Assignment

On
DPC
Mahatma Gandhi Mission’s Law College

Submitted to:
Name: Dr. Sheela Hosamani
Department: Law Faculty (DPC)
Submitted by:-
Name- DEONANDAN KUMAR
Roll No. 129, LL.B 1st Year (2ND SEM).

What is a Will?
A will is a legal declaration a person makes about the way they
want their property managed or distributed after their death.
Although a will is a legal document, there isn’t any prescribed
form it must take. For instance, you don’t need to write a will
on stamp paper and it can be either typed or handwritten.
However, a handwritten will is preferred as it is more difficult
to refute. According to the Indian Succession Act of 1925,
anyone who is of sound mind and who is not a minor can
make a will.

A will is a testament or a written document through which an

individual (testator) can describe how wealth of that individual
is to be distributed among his/her descendants. The person
making the Will can also name an executor i.e. a person who
would carry out the proceedings of the Will, along with naming
legal guardians for the testator’s children especially in case
they are minors. It is a legal declaration regarding the
distribution and management of property of a person after
their death.
Why is a Will required?
A Will must be made in order to decide who should receive
your properties after your death. Making a Will avoids many
future legal troubles and fights within the family. A Will also
states how the property should be managed, thus leaving out
ambiguities. It is also used to make sure that your children
are taken care of as a guardian for them can also be appointed
by way of a Will. Thus a Will is the best way to ensure safety
and financial security for your family and loved ones.

What should a Will cover?

● Declaration in the beginning stating that it is your Last
Will and that you are making it in your senses and free
from any pressure,
● Name, address and age of the testator,
● Decision and details regarding the property and
documents,
● Names of beneficiaries - in a clear and unambiguous
way,
● Legal guardian for children if they are minors,
● Name of the executor,
● Any other wishes such as particulars regarding funeral,
or wishes regarding care of your pets if any,
● Signatures of the testator and witnesses.

Will & Codicil

The Indian Succession Act 1925 defines Codicil as an
instrument made in relation to a will, and explaining, altering
or adding to its dispositions, and shall be deemed to form part
of the will.

Put simply, it is a document signed by the testator (the person

writing his Will) and the witnesses to make changes in an
existing Will. However, a Codicil is not a standalone document.
It is a part of the last Will of the testator.
A codicil is a document that amends, rather than replaces, a
previously executed will. Thus, it is an instrument which is
made in relation to a will that explains alterations and
additions to its disposition. This document is considered
important as it is deemed to form part of the will. For instance,
in situations a will has been made, the testator may still want
to make some changes in the already drafted will.

However, for that he needs to do it through a codicil wherein

he may even cancel the entire earlier will and make a fresh
will. Also, he may incorporate the desired changes, or, he may
alter only the relevant parts of the will suitably as well.

Thus, the scope of codicil is immense; for instance, it is very

much a part of will; however, it is valid only if it is executed
and attested in the same manner as a Will. From the various
judgments from the Supreme Court it’s clear that Codicil is a
supplementary document to the will and cannot stand
independently.

How is Codicil executed?

Like will, each codicil also goes through the scrutiny regarding
its execution. For instance, it must conform to the same legal
requirements as the original will e.g. the codicil must have the
signatures of the testator and, typically, two or three
disinterested witnesses. Also, a codicil should be executed and
attested like a Will as in all sense it is similar to a Will and is
governed by the same rules as a Will.

Thus, though an Indian will is a static document, it can be

changed through codicil over time as the circumstances in
your life and your family change. Codicil basically states what
items of your will you are changing. Interestingly, codicil
should be kept together with Will. In situation you are making
substantial changes to your will, codicil could be bad idea as
it’s better to go for a new Will.

Also, as you can revoke your codicil there is no issue that you
have made a codicil that is not suiting to the current situation
and requirement. You just need to follow the process that you
follow when writing down your Will. If you revoke your codicil,
like will, it is assumed that you never had drafted a codicil at
all.
 ● DRAFT FORMAT OF A WILL

I, ______________, son of Shri _______________, aged ____ years,

resident of _____________________________, do hereby revoke all my
former Wills, Codicils and Testamentary dispositions made by me. I declare
this to be my last Will and Testament.

I maintain good health, and possess a sound mind. This Will is made by me
of my own independent decision and free volition. Have not been
influenced, cajoled or coerced in any manner whatsoever.

I hereby appoint my ________________, as the sole Executor of this WILL.

The name of my wife is _________________. We have two children

namely, (1) __________________ (2) ________________, I own following
immovable and movable assets.

1. One Flat No.______ in _______________________.

2. Jewellery, ornaments, cash, National Saving Certificate, Public

Provident Fund, shares in various companies, cash in hand and also with
certain banks.

All the assets owned by me are self-acquired properties. No one else has any
right, title, interest, claim or demand whatsoever on these assets or
properties. I have full right, absolute power and complete authority on these
assets, or in any other property which may be substituted in their place or
places which may be Acquired or received by me hereafter.

I hereby give, devise and bequeath all my properties, whether movable or

immovable, whatsoever and wheresoever to my wife,
_____________________, absolutely forever.

IN WITNESS WHEREOF I have hereunto set my hands on this ____ day of

____, 20__ at ____________.
 TESTATRIX

SIGNED by the above named Testatrix as his last WILL and Testament in
our presence, who appear to have perfectly understood & approved the
contents in the presence of both of us presents, at the same time who in his
presence and in the presence of each other have hereunto subscribed our
names as Witnesses.

WITNESSES :

1.

2.