In the legal landscape of India, "Privileged Wills" hold a significant and, as the name suggests, privileged position.

A Privileged Will is a legal document that's made by those who have privileged status.

Such a Will provides a special legal provision for members of the armed forces and others in similar conditions, enabling them to dispose of their estates under circumstances that might otherwise not comply with the usual formalities required for Wills.

This article delves into the concept of Privileged Wills, outlining their importance, legal framework, and implications for those entitled to their use.

What Is A Privileged Will?

A Privileged Will in India refers to a type of Will that can be made by any member of the armed forces, such as soldiers, airmen, and naval personnel, who are in an active war zone or engaged in actual warfare.

The concept also extends to civilians who are employed in an operational area by the armed forces and are subject to similar risks as service personnel.

Key Characteristics of Privileged Wills

Flexibility in Formalities

Unlike conventional Wills, which require specific formalities like the presence of two independent Witnesses and the signature of the Testator, Privileged Wills can be executed without adhering to these usual rules.

This flexibility ensures that service members can promptly and easily make their last testament in situations where following standard procedures is impractical.

Modes of Execution

Privileged Wills can be made orally or in writing. If written, it does not need to be signed by Witnesses. Even an unsigned document, if clearly intended as a Will, can be valid. Oral Wills must be made in the presence of two Witnesses, who later need to document the testament.

Legal Provisions Governing Privileged Wills

The legal framework for a Privileged Will in India is outlined under Section 65 of the Indian Succession Act, 1925. This section provides that any Will executed as a Privileged Will shall remain valid for one year after the Testator has ceased to be entitled to make a Privileged Will unless it is revoked within that period.

Conditions for Validity:

• Service Condition: The Testator must be actively serving in a condition that qualifies them to make a Privileged Will.
• Intention and Content: The Will must clearly state the intentions of the person creating it regarding the disposition of their assets after their death.

Importance Of Privileged Wills

Providing Peace of Mind

Privileged Wills are crucial in ensuring that service personnel, who risk their lives in war zones or during active military service, have the peace of mind knowing their affairs and assets will be managed as per their wishes should anything happen to them.

Ease and Expediency

The simplified requirements allow these wills to be written wholly, drafted and executed swiftly and without the usual formalities, an essential feature given the unpredictable and high-risk environments in which service members often find themselves.

Special Considerations For Privileged Wills

While Privileged Wills offer convenience and adaptability under extraordinary circumstances, there are specific considerations one must keep in mind:

• Duration and Revocation: These Wills remain valid for a limited time after the Testator is no longer in active service or a war zone. They can be revoked or replaced by a new Will that complies with the usual requirements of a conventional Will.
• Legal Advice: Given their unique nature, it's advisable for service members or qualified civilian support staff to seek legal advice when drafting a Privileged Will to ensure that all legal requirements are met and the will is clear, unambiguous and written by their own hand.

The Bottom Line

Privileged Wills serve as a critical legal tool for armed forces personnel and associated civilians, providing a mechanism to ensure their estates are managed according to their wishes under challenging circumstances.

By relaxing the usual stringent requirements, the law recognises the unique conditions faced by those who serve and ensures that their last intentions are respected and executed, safeguarding both their assets and their families’ futures.

If you'd like to read more about making a Will, do check out our article on Wills in India: A Complete Guide For Non-Lawyers.

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