Every person has a concerned about his property after the death. A person through a Will can ensure that how his property should devolve and to whom the property shall devolve after his death. If a person dies without leaving Will behind his property would devolve by way of law of intestate succession and not testamentary succession i.e. in accordance to the Will. So it is preferable that the person should make a Will to ensure that the property is devolved as per his actual intension. Will is an important testamentary document through which a testator can give away his property in accordance to wishes. Will is the legal declaration of the intention of the testator with respect to his property which he desired to be carried into effect after his death is known as a testamentary succession. “As per the definition any Hindu may dispose of by will or other testamentary disposition any property, which is capable of being so disposed of by him, in accordance with the provisions of the Indian Succession Act, 1925, or any other law for the time being in force and applicable to Hindus”. These laws provide for the manner of devolution of the property of the deceased person who has died without making a Will amongst legal heirs. The law provide amongst other things rules as to who are the entitled to receive the estate of the deceased and in what proportion. The manner is also laid down by which the estate of the deceased is to be administered.The Indian Succession Act 1925 combining the laws of intestate with certain exceptions and testamentary succession replace the earlier act and is applicable to the Wills and codicils of Hindus, Sikhs, Buddhists and Jain as all over India. The Indian Succession Act 1925 does not regulate Muslims and they can dispose their property according to Muslim Law.
Following are all important aspects of testamentary succession under Hindu law :
Will: A Will is created by a person expressing his wishes regarding the disposition of his assets upon his death. A Will is defined as a legal declaration of the intention of the testator, with respect to his property which he desires to be carried into effect after his death. A will can also be made where there are children (who is minor not attained the age of 18), and the question of their guardianship raise up.
Attestation of Will: Attesting is a process of signing a document for the purpose of verifying the signature of the executants. It is necessary for both the witnesses to must sign in the presence of the testator but it is not necessary for the testator to sign in their presence. Further it is also not necessary that the attesting witnesses should know the contents of the Will.
Codicil: Codicil is an instrument which is made in relation to a Will, altering, explaining, adding to its dispositions and is deemed to be a part of the Will. The main purpose of codicil is to make small changes in the Will which has already been executed by the testator. If the testator wants to change the names of the executors by adding a codicil in addition to that Will can be made to do so. The codicil has to be signed by the testator and attested by two witnesses.
Executor: An executor is appointed by the testator and is distinguished from an administrator who is appointed by the court. Where the Will grant the powers to collect and pay debts and manage the properties the person to whom the powers is granted can be said to be appointed as an executor.
Probate: Probate is issued to the executors of the will, the court authorize them with a seal of approval. If there is no executor of the will, only a simple letter of administration is issued by the court, and not a probate. A grant of probate by an invalid character under the will cannot be made valid.
Letter of Administration: Letter of Administration is issued by a competent authority or a court and appoints the Administrator officer to dispose of the property of a person . If the Will does not name any executor an application can be filed in the competent court for granting of Letter of Administration for the property. A Letter of Administration can be granted after 14 days from the date of death of an intestate.