Holographic Will
CD
(Querist) 29 July 2011
This query is : Resolved
Is holographic will recognized in India?
Scenario : Testator handwrote a will under an assumption that it is a holographic will and it requires no witness and also mention this in the will. All other formalities(signature.. format.. language) are met and the intention is very clearly stated. There is no other will. The evidence of Testamentary Intent is very clear from the will.
1) Would it still be considered an invalid will?
2) What happens in the absence of statutory requirements?
I came across a statement - "In the absence of statutory requirements, written instruments have been held to operate as wills, in whatever form or with whatever name they might have come into existence." Is this a true statement?
prabhakar singh
(Expert) 29 July 2011
YES, holographic WILL ARE RECOGNIZED IN INDIA.
BUT I FIND A BIG BUT AS YOUR WRITE-UP APPEAL TO REASON,TOUCHES CONSCIENCE ALSO,STILL LAW SHOWS ITS HANDICAPS,I MEAN,INDIAN SUCCESSION ACT, FORESEE SUCH AN EVENTUALITY ONLY WITH RESPECT TO A PRIVILEGED CLASS OF WILLS . THE ACT LAYS PROVISIONS REGARDING creation of WILLS and classifies a testator as a PRIVILEGED AND UNPRIVILEGED.UNDER SECTION 66 ONLY A PRIVILEGED CLASS OF WILL IS ALLOWED TO BE MADE SO AS YOUR WILL IS,THAT IS RULE OF ATTESTATION IS EXEMPTED.
DESPITE ALL IF YOUR WILL CAN NOT BE CLASSIFIED AS PRIVILEGED ONE U/S 66,IN MY VIEW COURTS WOULD DENY TO ACCEPT IT
