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Making a Will



                Shantanu
                4th Yr.
                NLU, Odisha
Will
• A Will is a legal document through which a
  person can decide the manner in which his
  property should be disposed off after his
  death.
• It need not be registered or on a stamp paper.
• It could be handwritten as well as typed.
Unambiguous Language
• The language of the Will should be as
  unambiguous as possible.
• Any ambiguity will give room for
  interpretation.
Will should be Dated
• A Will must be dated.
• Necessary to determine which Will is latest, in
  case of more than one Will.
• It should preferable also have page numbers.
Two Witnesses
• The Will must be signed by the testator in the
  presence of at least two witnesses.
• Witnesses along with the testator should sign
  at the end of every page.
• A beneficiary of the Will cannot be a witness.
Executor of the Will
• Testator must appoint an executor of the Will.
• Duty of the executor – to ensure that the
  provisions of the Will are properly executed
  after the death of the testator.
• Executor should preferably be younger than
  testator.
Residual Property
• The Will should provide for a provision
  relating to the disposal of the ‘residual
  property’.
• Residual Property is that property about
  which the testator might have forgotten to
  include a provision in the Will with regard to
  their disposal.
Thank You

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Making a will

  • 1. Making a Will Shantanu 4th Yr. NLU, Odisha
  • 2. Will • A Will is a legal document through which a person can decide the manner in which his property should be disposed off after his death. • It need not be registered or on a stamp paper. • It could be handwritten as well as typed.
  • 3. Unambiguous Language • The language of the Will should be as unambiguous as possible. • Any ambiguity will give room for interpretation.
  • 4. Will should be Dated • A Will must be dated. • Necessary to determine which Will is latest, in case of more than one Will. • It should preferable also have page numbers.
  • 5. Two Witnesses • The Will must be signed by the testator in the presence of at least two witnesses. • Witnesses along with the testator should sign at the end of every page. • A beneficiary of the Will cannot be a witness.
  • 6. Executor of the Will • Testator must appoint an executor of the Will. • Duty of the executor – to ensure that the provisions of the Will are properly executed after the death of the testator. • Executor should preferably be younger than testator.
  • 7. Residual Property • The Will should provide for a provision relating to the disposal of the ‘residual property’. • Residual Property is that property about which the testator might have forgotten to include a provision in the Will with regard to their disposal.