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Types of Wills

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Mobile Wills Perth

Will is a legal document through which a person decides how his/her property would be distributed, allocated, and spent after his death. A person who dies without creating a will is called dying intestate. Dying intestate forces the relatives of the deceased to spend additional time and money for acquiring the estate of the deceased, which could have been easily done by creating a will. Dying intestate does not distribute the assets of the deceased according to his wish and will rather it is done according to the law. As it is only logical to distribute their hard-earned money according to their wish and the way you want it and this can be easily done by creating a will.

Conditions for Making a Will Perth

  • The testator should sign or affix his mark (e.g., thumb mark).
  • The Will must be attested by 2 or more witnesses.
  • The witnesses must have seen the testator sign or affix his mark to the Will.
  • Each witness shall sign the Will in the presence of the testator.
  • The witness should not be a beneficiary under the Will.

Types of Will

  1. a) Privileged and Unprivileged Wills:

Succession Act, 1925 provides certain privileges to a soldier, an airman, and a mariner at sea employed in an expedition or engaged in actual warfare. These will-maker kits are enacted keeping in mind the complicated predicament a soldier is in during the tenure of his service. Provisions on such privileges are mentioned under section 66 of the Act and such wills Perth are called Privileged Wills. Provisions allowing word of mouth in presence of witnesses to be considered as valid will and written instructions to be considered as a valid will after the death of a soldier are some of the prime examples of such privileges. Wills created by a testator not being a soldier, an airman, and a mariner at sea employed in an expedition or engaged in actual warfare are known as Unprivileged Wills. Unprivileged Wills are governed under section 63 of the Act.

  1. b) Contingent/Conditional Wills:

Execution of these wills is dependent on the happening of an event and if that event occurs in the future only then the will is to become effective. These wills are created for multiple purposes. If the testator wants to motivate a loved one for doing something good, like 'my son will get my property only if he graduates from his law school with a 70% score' or want to make safe appropriations of his property in case of his death while touring abroad6, he can make a contingency regarding the same in his will. Any condition which is contrary to the law or is invalid cannot be incorporated in a will.

  1. c) Joint Wills:

When two or more people agree to make a conjoint will, such testamentary documents are known as Joint Wills. These are generally created between married couples, to leave the property to their spouse after one of them dies. A joint will can also be created to take effect after the death of all the testators. In such Joint Will, till all the testators are alive, a single testator cannot revoke the will alone. He/ She would require the consent of other testators to revoke their joint will. Only when all other testators have died, the sole surviving testator can revoke the will alone.

One of the essential features of a valid will is the intention of the testator. These wills are supplemented with all the necessary documents to duly execute the collateral purpose and not to execute the will according to the testamentary operations.

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