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

Detailed Legal Analysis

An unprivileged will is a type of will that does not benefit from any special legal provisions or privileges and must adhere to general legal requirements for validity. In India, the creation of an unprivileged will is governed primarily by the Indian Succession Act, 1925, particularly under Section 63.

In Aizawl, as well as the rest of India, the formalities required to create a valid unprivileged will include the following:

• Writing: The will must be written, either by hand or typed. It should be in a language understood by the testator.
• Signature: The testator must sign the will at the end. If the testator is unable to write, they may mark the will in the presence of witnesses.
• Attestation: The will must be attested by at least two witnesses. Each witness must be present at the same time and must sign the will in the presence of the testator.
• Capacity: The testator must be of sound mind and at least 18 years old at the time of making the will, as per Section 59 of the Indian Succession Act, 1925.
• Intent: The testator must have the intention to create a will and dispose of their property upon their death.
• Revocation: Any previous wills should be explicitly revoked, if necessary, to avoid confusion over the testator's intentions.

It is also beneficial to include the date of execution of the will, as this helps in establishing the last will of the testator in case of multiple wills. The Indian Succession Act does not mandate the registration of wills; however, registering the will under the Registration Act, 1908, can provide additional legal security and serve as evidence in case of disputes.

In summary, while creating an unprivileged will in Aizawl, adherence to the above-mentioned formalities is crucial to ensure its validity and enforceability upon the death of the testator, under the provisions of the Indian Succession Act, 1925.