What is an unprivileged will and what formalities must I follow in Chennai?

Detailed Legal Analysis

An unprivileged will, also known as a non-privileged will, is a type of will that is not executed under special provisions granted to certain individuals, and it must comply with specific legal formalities to be considered valid. In India, the legal framework governing wills is primarily found in the Indian Succession Act, 1925.

In Chennai, as per the Indian Succession Act, 1925, the following formalities must be adhered to when creating an unprivileged will:

• Writing Requirement: The will must be in writing. It can be typed or handwritten, but it must be clear and legible.
• Signature: The testator (the person making the will) must sign the document. If the testator is unable to write, they may affix their thumb impression in the presence of witnesses.
• Witnesses: The will must be signed in the presence of at least two witnesses. These witnesses must also sign the will in the presence of the testator. The witnesses should not be beneficiaries under the will to avoid any conflict of interest.
• Date: While it is not mandatory, it is advisable to date the will to establish the testator's intentions clearly and to avoid any disputes over the validity of the will.
• Revocation Clause: Including a clause that revokes any prior wills or codicils is advisable to ensure that the latest will is considered valid.
• Storage: After execution, it is recommended to store the will in a safe place and inform the executor or trusted family members about its location.

Additionally, under Section 63 of the Indian Succession Act, 1925, the will must be executed in accordance with the law to be valid. In case of any disputes regarding the will’s validity, the burden of proof lies on those who assert its validity, as stated in Section 68 of the Act.

It is also advisable to consult with a legal professional to ensure compliance with all legal requirements and to address any specific concerns related to the individual circumstances of the testator. Proper legal guidance can help in drafting a will that reflects the testator's wishes and withstands potential challenges in the future.