Testamentary succession is the division of property after the death of a person according to his wishes, as they appear in the will he drew up during his lifetime. The testator is not limited by the provisions of the Hindu law on succession when drafting the will. Thus, he may decide to give all or part of his characteristics to a close relative. A son or daughter cannot assert any right to the property if the will does not grant him or her any rights. to be able to understand and appreciate the claims to which he must give effect, and that no disturbance of the mind will poison his affection, pervert his sense of justice or prevent the exercise of his natural faculties, that no foolish deception will influence his will to dispose of his goods and to make their disposal, If the mind had been sound, it would not have been made. Tax planning is often used by a testator in a will. The social aspects may also require that the deceased does not transfer the property specifically to one or more legatees, but creates confidence in the building or part of the property, by mentioning the beneficiaries but making undetermined shares available to the beneficiaries and leaving the distribution of income or corpus to the trustees of the trust, taking into account the necessity or requirement of the various persons mentioned in the trust deed as beneficiaries. The obvious advantage of using this method is that the income or corpus of assets held in trust is distributed to some or all of the beneficiaries based on the needs of those beneficiaries, such as education, marriage, life outlook, etc. The tax benefit arises when the trust created by will does not transfer the income or corpus separately to one or more beneficiaries, but provides indefinite portions of the income or assets at the discretion of the trustees. In the case of such a trust established by will, it is a separate taxable entity that must be taxed at the appropriate rate rather than the highest tax rate, which would be the case if such a trust with indeterminate shares were created during its lifetime. However, only such an indeterminate share trust may be created in order to benefit from appropriate taxation. The advantage would be that the income distributed by the trustees is not taxable in the hands of the beneficiaries, who receive it, but is taxed in the hands of the trustees at the appropriate rate and not at the maximum rate.

When a trust is created with certain shares of the beneficiary`s income or corpus to which a beneficiary is entitled, the income or assets are added to the beneficiary`s income or assets. This situation is avoided by creating a trust by will with indeterminate shares. Except under Muslim law, a testator has the right to make a will on all his property, and there is no limit either on the amount of property or on the amount of the legatee. But the right of a Muslim testator to dispose of his property in his will is limited to one third of his total property. That is, if the testator is Muslim, he is only allowed to constitute one third of the heritable property, that is, a third of what remains after the payment of his funeral expenses and debts, if any. A will can help reduce the amount of inheritance tax that can be payable on the value of the property and the money you leave behind. In 1973, an international convention was concluded within the framework of UNIDROIT, the Convention providing a uniform law on the form of international wills. The Convention provides a set of generally accepted rules according to which a will drawn up by a person, regardless of nationality, is valid and enforceable in any country that becomes a party to the Convention.

These are called “international wills”. Section 2(h) of the Indian Succession Act 1925 provides that a will means a lawful statement of a person`s intention in respect of his property which he wishes to take effect after his death. A “will” is a legal statement of a man`s intention to practise after his death, or a document by which a person makes a disposition of his property that takes effect after his death. Article 6 of the Hindu Succession Act – if a coparcener dies, leaving behind a Class I relative, his undivided interest in Mitakshara`s coparcenary property would not pass to the surviving coparcenary by the survivors, but to his heirs by legal succession. Anar Devi et al., appellant against Parmeshwari Devi et al., respondent. [2006-(008)-SCC-0656 –HC] Anyone who is not in a state of health caused by poisoning from the disease or anything else cannot make a will. Legal heirs named in Class II receive the estate of the testator only if there is no Class 1 parent. Class II parents have been placed in order, and it is envisaged that the parent mentioned first in the list will be preferred to the next. The second person will enter completely, only if the first named parent is not there, and so on.

In this schedule, the father is named first and the brother/sister second, and so on. So, if there is no parent in class 1 and the father is there, he inherits the entire estate. If the father is not present, the deceased`s siblings inherit the entire estate. It is advisable to prepare and execute the will in the language with which the testator feels most comfortable. If a testator feels comfortable in Hindi and has no knowledge of English, a will written in English suffers from an obvious flaw. In such a case, the onus is on the plaintiff to prove in court that there were valid reasons for drawing up the will in English and that the testator fully understood the contents of the will. Such disputes can be avoided if the language of the will is the testator`s usual language. Formal will: In each state, you can make a will by writing down your wishes and signing the document yourself with two witnesses.

There are very few other requirements to validate your will – all you need to be sane and (in most states) at least 18. Otherwise, no official or legal language is required. Just state your wishes clearly. You can use your formal will to distribute your assets, appoint an executor, appoint guardians for children, and cancel debts. Writing a will is especially important if you have children or another family that is financially dependent on you, or if you want to leave something to people outside your immediate family.