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FAQ's on Unprivileged Will

An unprivileged will is a will that is not made in accordance with the formalities prescribed by law. This means that the will may not be valid and may not be enforced by the court.
In India, there are two types of wills: privileged wills and unprivileged wills.
Privileged willsare wills that are made in accordance with certain formalities prescribed by law. These formalities are designed to ensure that the will is made voluntarily and that the testator (the person making the will) is of sound mind. Privileged wills are more likely to be upheld by the court than unprivileged wills.
Unprivileged wills are wills that are not made in accordance with the formalities prescribed by law. These wills are less likely to be upheld by the court.
The following are some of the formalities that must be followed in order to make a privileged will in India:
  • The will must be in writing.

  • The will must be signed by the testator.

  • The will must be signed by at least two witnesses.

  • The witnesses must be present at the same time and must see the testator sign the will.

  • If a will does not comply with these formalities, it may be considered an unprivileged will and may not be upheld by the court.
    Yes, you can. As per the Indian Succession Act, 1925, the creator (testator) of the unprivileged will is at liberty to change/alter the contents of the will any time, as deemed fit to you.
    No. An unprivileged will has no effect during the lifetime of the creator. It can be enforced only after the death of the creator (the testator). The will gives no rights whatsoever to the inheritor (legatee) until the testator's death.
    You are not legally bound to register your unprivileged 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 validity of the registered will cannot be charged after your death.

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