Will Unprivileged

What Makes a Will Unprivileged?

Unlike privileged wills, unprivileged wills must follow specific legal formalities to be considered valid. The rules are defined under the Indian Succession Act and apply to most people making a will in ordinary circumstances.

Example

Suppose a person wishes to divide their property equally among their two children and appoint a legal guardian for their minor daughter. They would draft an unprivileged will, put it in writing, sign it, and have two witnesses attest to the signing. This ensures their wishes are respected and legally enforceable.

Key Requirements for an Unprivileged Will

• Written Form: The will must be documented clearly, with unambiguous language.

• Signature or Mark: The testator must sign the will, or affix a mark if unable to write.

• Attestation: Two witnesses must be present when the testator signs and must also sign the document in the testator’s presence.

• Sound Mind: The testator must be mentally sound and understand the implications of the will at the time of writing.

Benefits of an Unprivileged Will

• Custom Asset Distribution: Allows the testator to divide assets according to personal wishes, rather than relying on default legal succession.

• Reduces Disputes: Helps avoid family disagreements or legal delays after death.

• Security for Dependents: Ensures provision for children, spouses, or individuals with special needs.

Challenges to Consider

• Strict Compliance: Any deviation from the legal process—such as missing signatures or witnesses—can render the will invalid.

• Revocation: An unprivileged will is automatically cancelled by the testator’s marriage or by the creation of a new will.

• Misplacement or Tampering: Like all physical legal documents, an unprivileged will must be securely stored to avoid future complications.

Conclusion

An unprivileged will is a vital tool in estate planning for most individuals in India. As of 2025, the legal framework continues to emphasise clarity, formal execution, and witness attestation to ensure that such wills are valid and enforceable. Creating one ensures that your assets are distributed according to your wishes, while also protecting your family from unnecessary legal and financial stress.

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