A will is a testimony or legal document which shares the intention that a person with whom his property wants to share. Some lawyers have specialisation in will related matters. Many times related disputes came due to some lack of formality. Everyone has the right to distribute his property, accepting his own desire or wish. Will play an important role in The Evidence Act, 1872.
As per Section 2(h) of Indian Succession Act, 1925 provides that Will means the legal declaration of the intention of a person with respect to his property, which he desires to take effect after his death Will has been defined in Corpus Juris Secundum as A ‘Will’ is the legal declaration of a man’s intention, which he wills to be performed after his death, or an instrument by which a person makes a disposition of his property to take effect after his death.
There are various important ingredients of will.
The first clause of will includes the testator's will. Clauses includes Name, age, address details of the person making the Will
A Will is a declaration. A Will is by which a living person (called testator) declares his desires or intentions. A Will is never an agreement or contract or settlement. It is for this reason that the beneficiaries of a Will should not be parties to the Will. The declaration must be legal. A declaration that is illegal either by way of the ultimate objective or in some other way will not be considered as a Will.
The clause will also include the signature and date. Both the parties signed the documents.
In case of multiple beneficiaries, the details of each beneficiary like name, age, address, relationship of the beneficiary with the Testator.
A Will is a declaration of intention of the person making the Will. By definition, intention relates to the future and is different from the statement of narration of facts as at present.
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