Legacy matters to everyone. We all want to pass on the wealth and values we have accumulated for our loved ones. Most of the time, people do this through a Will—a legal document that says who gets what after you are gone. It’s usually simple enough.
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But what about those in riskier jobs—like soldiers, airmen, naval officers and support staff (such as nurses or cooks) posted in dangerous zones? For them, making a regular Will isn’t always practical. That’s where something called a Privileged Will comes in. In this article we will talk about What is a Privileged Will? How does a Privileged Will work? How can one make and execute Privileged Will in India? Read on to find out.
What is a Privileged Will?
In India, the rules governing Privileged Wills are outlined in the Indian Succession Act, 1925. Section 65 states: “Any soldier being employed in an expedition or engaged in actual warfare, or an airman so employed or engaged, or any mariner being at sea, may, if he has completed the age of eighteen years, dispose of his property by a Will made in the manner provided in Section 66. Such Wills are called Privileged Wills.”
Importance of a Privileged Will
A Will is a legal document that specifies how your assets will be passed on to your loved ones. In India, creating a Will typically requires following certain formalities. However, the nature of work in the armed forces often makes it difficult to meet these requirements.
To address this unique challenge, the law recognizes Privileged Wills—a special provision extended as a mark of respect and recognition for the exceptional circumstances under which members of the armed forces work under. This legal exception allows soldiers, airmen, naval personnel , and support staff (like nurses or cooks) to create valid Wills with relaxed requirements, ensuring their wishes are honored even when time or conditions may not allow for a formal process.
Who can make a Privileged Will in India?
Privileged Wills are made by individuals engaged in active warfare. This includes soldiers, air personnel, and naval personnel who are in active war zones or directly involved in combat.
Additionally, civilians employed in operational areas by the armed forces, such as doctors, nurses, cooks, and administrators, who face similar risks, are also allowed to create a Privileged Will. The individual creating the Privileged Will must be at least 18 years old.
How to make a Privileged Will: Rules and execution
Privileged Wills can be either written or made verbally. Here are the rules for creating and executing a Privileged Will:
- The Privileged Will can be completely written by the person making it (known as the testator) in their own handwriting. In this case, it does not need to be signed or witnessed.
- The Privileged Will can be written partially or fully by someone else, but it must be signed by the testator. It does not need witnesses.
- If a Privileged Will is written by someone else but is not signed by the testator, it may still be considered valid if the testator can show that it was directed or recognized as theirs.
If the person making the Will (the testator) did not finish signing or completing it the way they intended, the Will won’t be considered invalid just because of that—as long as there is a reasonable explanation for why it wasn’t completed, and it’s clear that they did not change their mind about what they wanted to happen in the Will.
- If a soldier, airman, or mariner has instructions for their Privileged Will but passes away before it is signed, those instructions will be treated as their Will.
- If they provided verbal instructions for their Privileged Will in front of two witnesses, and those instructions were recorded while they were alive, it counts as their Will even if it wasn’t written in front of them or read back to them.
- An oral Privileged Will can be created by stating intentions in front of two witnesses present at the same time.
- An oral Privileged Will becomes invalid one month after the testator can no longer create one, due to any reason including but limited to cessation of duty, the testator being out of danger or creation of a new Will within that time.
Do you need to be in an active war zone to make a Privileged Will?
No, A person in military service, such as a soldier, sailor, or airman, can make a Privileged Will upon receiving orders to be posted to an operational area or combat zone.
The will can be executed before entering the zone, as the anticipation of deployment to such an area qualifies.
Also, a Privileged Will can be made when an individual is engaged in military service under conditions of heightened risk or wartime-like circumstances, even if a formal war has not been declared.
This includes active expeditions or operational duties where there is a significant risk to life
How long does a Privileged Will remain valid?
An oral Will made under this provision remains valid only for 1 month after the soldier is no longer in a situation where they are allowed to make a Privileged Will — such as being out of danger or returning to civilian life — unless the Will is cancelled or replaced within that time.
What Are the Benefits of a Privileged Will?
1. Peace of mind for armed forces personnel:
Many families in India do not have a Will, and individuals often create one only as they age. However, life for armed forces members can be unpredictable, especially in conflict situations. A Privileged Will allows them to create one with minimal legal hassle, providing peace of mind that their loved ones will be taken care of if something unfortunate happens.
2. Quick and easy execution:
Privileged Wills can be made and executed on short notice, which is particularly beneficial for armed forces personnel preparing for missions. This quick process ensures that they can secure their wishes without unnecessary delays.
3. Lasting validity
The validity of a Privileged Will extends beyond an individual’s active service. Even after leaving the Armed Forces or when war conditions cease, the creator retains the option to modify the Will based on changing circumstances. This flexibility ensures that the Will remains relevant throughout different life stages.
Conclusion
In summary, a Privileged Will is a key tool for armed forces personnel in India. By understanding the importance and rules surrounding Privileged Wills, members of the armed forces can ensure that their wishes are honored and their loved ones are protected. Service personnel and civilian support staff can consider getting qualified legal advice when creating a Privileged Will. This helps ensure that the Will meets all legal requirements, is clear, straightforward, and executed in a manner permissible under law.
