Will

Anup Kamalakar Hadgaonkar (Querist) 16 October 2010 This query is : Resolved
what are the elements of valid Will?

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Adv Archana Deshmukh (Expert) 16 October 2010
A will can be written on a plain paper. It should be signed by the testator and 2 attesting witnesses.

A V Vishal (Expert) 17 October 2010
Essentials of will :

It must be a legal declaration of the intention of testator, i.e., the person who makes the will.

The declaration of intention must be with respect to the testator’s property.

The document should express a desire that his intention must be carried into effect after his death

Take effect after death - The intention of the testator must be expressed in clear words on order that the same might be given effect to. There must be express words of bequest.

Testament ' meaning determination of the mind. It is the translation of the Latin word 'Voluntas' which was used by the Romans to express the intention of the testator.

A bare nomination of an executor without giving legacy, or appointing anything to be done by him is sufficient to make a will.

Kirti Kar Tripathi (Expert) 17 October 2010
I agree with experts.

Rajeev kulshreshtha (Expert) 17 October 2010
Mr. Vishal has answered the query elobrately.I fully agree with him.

M/s. Y-not legal services (Expert) 17 October 2010
Agree with mr.vishall and archana..

Devajyoti Barman (Expert) 17 October 2010
Yes

Sri Vijayan.A (Expert) 17 October 2010
Mr.Vishal is correct.
The intention of the testator must be clear and there shall not be any ambiguity in that or the description of the property.
The witnesses must clearly prove the execution of the WILL and the state of the testator at the time of execution

RAVI B SHAH (Expert) 18 October 2010
Agree with the views of Mr.Vishal & Sri.Vijayan.

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