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

Detailed Legal Analysis

An unprivileged will, also known as a non-privileged will, is a type of will that is not executed under any special circumstances that would grant it legal advantages, such as those outlined in the Indian Succession Act, 1925. In Bikaner, as in the rest of India, the execution of an unprivileged will must adhere to specific formalities to ensure its validity under the law.

Here are the formalities and requirements for creating an unprivileged will in Bikaner:

• Age Requirement: The testator (the person making the will) must be at least 18 years old, as per Section 59 of the Indian Succession Act, 1925.
• Sound Mind: The testator must be of sound mind, meaning they should be capable of understanding the nature of making a will and its implications. This is also stipulated under Section 59 of the Act.
• Written Document: The will must be in writing. Oral wills are not recognized as valid under the Indian law unless made under specific circumstances, such as those outlined in Section 67 of the Indian Succession Act.
• Signature of the Testator: The will must be signed by the testator at the end of the document. If the testator is unable to write, they may make a mark (like a thumbprint) in the presence of witnesses.
• Witness Requirement: The will must be attested by at least two witnesses. These witnesses must be present at the same time and should sign the will in the presence of the testator, as per Section 63 of the Indian Succession Act, 1925.
• Revocation of Previous Wills: If the testator has made any previous wills, the new will should explicitly revoke those prior wills to avoid confusion. This can be stated in the introductory clause of the new will.
• Registration: While registration of a will is not mandatory, it is advisable to register the will under the Registration Act, 1908, as this adds an extra layer of authenticity and may help in avoiding disputes in the future.

By following these formalities, an unprivileged will can be legally executed in Bikaner, ensuring that the testator’s wishes regarding the distribution of their property are honored after their demise.