In India, any person who is of sound mind and is at least 18 years of age can make a WILL. This includes both men and women from all religions, castes, and communities. However, a WILL made by a minor or a person who is not of sound mind is not valid.
Additionally, in order for a WILL to be considered legally valid in India, it must meet certain requirements. These include:
1) The WILL must be in writing: A WILL can be handwritten or typed, but it must be in writing. Oral WILLS, also known as “nuncupative wills,” are not recognized under Indian law.
2) The WILL must be signed by the testator: The testator is the person making the WILL, and they must sign the WILL in the presence of at least two witnesses. If the testator is unable to sign the WILL, they can authorise someone else to sign on their behalf in their presence and in the presence of two witnesses.
3) The WILL must be attested by witnesses: The witnesses must be present at the time the testator signs the WILL, and they must also sign the WILL in the presence of the testator. The witnesses should be independent and not beneficiaries under the WILL.
4) The WILL must be clear and unambiguous: The language used in the will should be clear and unambiguous so that there is no confusion about the testator’s intentions.
It is important to note that a WILL can be challenged in court if it is believed to be fraudulent or if there are questions about the testator’s mental capacity at the time the WILL was made. It is therefore advisable to seek the assistance of a lawyer when creating a WILL to ensure that it meets all legal requirements and is not open to challenge.
