HOLOGRAPHIC WILLS

A holographic will is a will that is entirely written, dated, and signed in the
handwriting of the testator. A holographic will does not need to be
witnessed.

There are several requirements for a valid holographic will in India:

The will must be entirely in the handwriting of the testator - it cannot be
typed or written by someone else
The will must be dated.
The will must be signed by the testator
The will must contain a statement that it is the testator's last will and
testament.
A holographic will is a valid way to make a Will in India provided it meets all
of the requirements above. Holographic Wills are less formal than traditional
Wills and do not require witnesses, making them ideal for people who want
to make a quick and simple Will.

WHAT MAKES A HOLOGRAPHIC WILL VALID?

Wills which are handwritten by the testator (person making the will for the
transfer of inheritance as per his or wishes) are called holographic will. The
will can be handwritten in part or full.

A holographic will is valid if it fulfils the conditions of Section 59 of Indian

Succession Act, i.e. the person making the will is not minor and is a person
of sound mind.

Section 63 of Indian Succession Act, provides further conditions regarding

its execution for a will to be constituted as valid which are as follows:

The testator shall sign or shall affix his mark to the will, or it shall be signed
by some other person in his presence and by his direction.
The signature or mark of the testator, or the signature of the person signing
for him, shall be so placed that it shall appear that it was intended thereby
to give effect to the writing as a will.
The will shall be attested by two or more witnesses, each of whom has seen
the testator sign or affix his mark to the will or has seen some other person
sign the will, in the presence and by the direction of the testator, or has
received from the testator a personal acknowledgment of his signature or
mark, or of the signature of such other person; and each of the witnesses
shall sign the will in the presence of the testator, but it shall not be
necessary that more than one witness be present at the same time, and no
particular form of attestation shall be necessary.
Registration of Will is not mandatory in India under Section 17 and Section
18(e) of the Registration Act, 1908. However, it is advisable to get the will
registered to avoid the conflict in future regarding its validity and
genuineness, as it is difficult to prove valid, if unregistered. So, it is not
necessary that holographic will should be registered for it to be constituted
as valid but registration avoids conflicts regarding its validity or genuineness
in future.

In Mrs. Joyce Primrose Prestor(Nee … vs Miss Vera Marie Vas & Ors, JT
1996 (4), 333 1996 SCALE (3)596 on 12 April, 1996, Supreme Court held
that in the case of “holograph Wills”, the presumption of due execution and
attestation is all the more – a greater presumption as It is one which is
wholly in the handwriting of the testator.

The Calcutta High Court in Ajit Chandra Majumdar v. Akhil Chandra

Majumdar (AIR 1960 Cal. 551 at P. 552) stated about such a Will, thus:-

“The whole of this Will was written in the hand by the testator himself in
English. The handwriting is clear and firm. The law makes a great
presumption in favor of the genuineness of holograph will for the very good
reason that the mind of the testator in physically writing out his own will is
more apparent in holograph will than where his signature alone appears to
either a typed script or to a script written by somebody else.”

So, a holographic will is presumed to be more genuine and valid than any
other ordinary will.

Holographic Wills are valid in India. The primary requirement that a

Holographic Will must satisfy is that it needs to be expressly in the nature
and form of a Will, bequeathing the estate of the Testator and should meet
with other formal requirements of a valid Will.