Privileged will: Everything you need to know about it

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FAQ's on Privileged Will

Who can make a Privileged Will?

A privileged will can be made by a soldier, airman, or mariner being engaged in actual warfare, or being at sea.

How long does a Privileged Will remain valid?

A privileged will remains valid for one month after the testator ceases to be entitled to make a privileged will.

Can a Privileged Will be revoked without the usual formalities?

Yes, a privileged will can be revoked without the usual formalities. The testator can revoke a privileged will by destroying it, by writing a new will, or by making an oral declaration of revocation in the presence of two witnesses.
Here are some additional things to keep in mind about privileged wills:

A privileged will must be in writing and signed by the testator.

The testator must be of sound mind and memory when they make the will.

The will must be made voluntarily.

I have made an unprivileged will. Do I need to register for it?

You are not legally bound to register your privileged will. But, it is a good idea to have it registered with the Sub-registrar under the provisions of the Indian Registration Act, 1908. The registrar then becomes the legal guardian of the will and there will be strong evidence in law for the validity of the will. The validity of the registered will cannot be changed after your death.

I want to revoke my privileged will. How can I do it?

You can revoke your privileged will without completing the formalities required for that of a conventional will, only if you have remained in privileged status. But, if you are no longer in the war zone or have left the Armed Services altogether, you must revoke the Will in complete accordance with the formalities mentioned in the Wills Act of 1837.

Am I entitled to get tax exemption on the assets left by my father in his privileged will?

Yes, you are. As per section 154 of the Indian Inheritance Tax Act of 1984, the exemption is allowed on the assets passed on by a privileged will. This exemption is granted on the estates of present/former members of the Armed Forces if an active service has to led to their death.

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