testator
Under Section 59 of the Indian Succession Act, 1925, every person of sound mind who is not a minor may dispose of his or her property by will. The testator must sign or affix a mark to the will, and it must be attested by two or more witnesses, each of whom has seen the testator sign (s.63). These rules do not apply to Muslims, whose wills (wasiyat) may be oral and are limited to one-third of the estate unless the heirs consent.
The propounder of a will must prove due execution and that the testator had a sound disposing mind, and must remove any suspicious circumstances surrounding it. A testator may revoke or alter the will at any time before death.
Example
The testator signed the will in the presence of two attesting witnesses, as required by Section 63 of the Indian Succession Act.
In Indian law
- Sections 2(h), 59 and 63, Indian Succession Act, 1925
See also
will · codicil · executor · wasiyat
Read more in the study notes
- Power of attorney and will (Drafting, Pleading and Conveyance)
- Gifts, wills and testamentary succession (Family Law I - Hindu Law)
- Development of Muslim law and its schools (Family Law II - Mohammedan Law)
- Wills under Muslim law (Family Law II - Mohammedan Law)
- Probate, letters of administration and succession certificates (Family Law II - Mohammedan Law)
- Wills under the Indian Succession Act (Family Law II - Mohammedan Law)