Page 230 - DMGT515_PERSONAL_FINANCIAL_PLANNING

Unit 12: Estate Planning

The testator should either sign his or her will or acknowledge his or her signature in the Notes
presence of 2 or more witnesses present at the same time.
6. Attestation: The testator should either sign his or her will or acknowledge his or her
signature in the presence of 2 or more witnesses present at the same time. Each witness
should then either attest and sign the will or acknowledge his signature, in the presence of
the testator. It is good practice to use an attestation clause for this purpose.
7. Alterations: Any alterations made in a will after it has been executed will not be valid
unless the alterations have themselves been duly executed.
8. Revocation: As a general rule, a will is revoked upon the marriage of the testator or if the
testator enters into a civil partnership. A will can also be revoked by a testator executing
a later will or codicil or by making a written declaration declaring his or her intention to
revoke the will. A will can also be revoked by a testator intentionally destroying the will.
Once a will has been revoked it will no longer be valid.
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Execution and Attestation of a Will

1. The testator shall sign or shall affix his mark to the will, or some other person shall sign
it in his presence and by his direction.
2. The signature or mark of the testator, or the signature of the person signing shall appear
clearly and should be legible. It should appear in the manner that is appropriate and
makes the will legal.
3. The will shall be attested by two or more witnesses, each of whom has seen the testator
sign or affix his mark to the will or has seen other person sign the will, in the presence and
by the direction of the testator, or has received from the testator.
4. Personal acknowledgement of his signature or mark, or of the signature of such other
person. Each of the witnesses shall sign the will in the presence of the testator.
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1. Registration of will: A will can be handwritten or typed and is not required to be registered,
even if it relates to immovable property. Registration of a will is optional. Registration
does not give any special sanctity or genuineness to the will. Even registration is not
compulsory though it can be registered under the Registration Act, 1908 or deposited in
the sub-registry as stated earlier.

2. Signature of registrar: The endorsement of the register is sufficient to prove the execution
of the will, if all the attestators of the will are dead and if the testator affirms the contents
of the will and put his thumb impression on the endorsement in the presence of the sub-
registrar, the sub-registrar could also be considered to be an attesting witness.
3. Stamping of will: A will or codicil is not requires to be stamped at all.

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Revocation, Alteration, Modification and Amendment of the Will

1. Revocation of will: A will is always revocable during the lifetime of the testator, though
the will is stated to be irrevocable. But it must be revoked in manner stated in section 70
of the Succession Act, “No unprivileged will or codicil nor any part thereof shall be
revoked otherwise than by marriage or by another will or codicil”.

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