Will Importance and Execution

Date : 2021-10-29

ELT Corporate will registration provide different services related to wills. Nowadays, the future is uncertain, so it's better to create your will, save your family, and provide them with a better future

If the person who makes the will intends that the property which is disposed of in favor of another be taken by the latter after the death of the testator, then the document is called a will.

In Nathu v Devi Singh, it was held that a will has to be read as a whole and the absence of the specific words that the shop was bequeathed to the first defendant was not of much importance when the court found that this deed was the manifest intention of the testator.

The Golden Rule of Will
The golden rule in interpreting is to give effect to the testator's intention as ascertained from the language which is used.

Willpower characteristics
  • It will take effect after the death of the testator.
  • It is revocable by the testator at any time before his death.
  • It relates to the disposition of property.
Execution of Will
  • The execution of the will is done by the executor of the will. All the proceedings related to the will are done by the executor.
  • Two witnesses are required for the execution of the will.
  • There are three parties involved in a will: the executor, the testator, and the recipient.
  • The testator is the person who executes the will in favor of the recipient. The testator executes the will with the help of an executor.
  • The basic reason behind the creation of a will is to distribute the assets and property to the next generation before the death of the testator. He creates his will to save the future of his family.
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