“In simple words we can say that Will refers to a legal document or declaration that a person makes during his lifetime to plan the distribution of his property and assets as per his wishes”
Writing a Will serves as a means to help the heirs and
survivors of a deceased person inherit property as per the wishes of the
deceased.
This is a testamentary document also called a Wasiyat, and it is
made by the Testator in favor of the Legatee/Beneficiary,
and which becomes effective after the Testator's death.
Under
Section 2 (h) of Indian Succession Act, 1925, “Will” means the legal
declaration of the intention of a Testator with respect to his property which
he desires to be carried into effect after his death.
This is a testamentary document also called a Wasiyat, and it is
made by the Testator in favor of the Legatee/Beneficiary,
and which becomes effective after the Testator's death.
Under
Section 2 (h) of Indian Succession Act, 1925, “Will” means the legal
declaration of the intention of a Testator with respect to his property which
he desires to be carried into effect after his death.
Apart from the above question, we will also try to find solutions to the
following questions:-
👉Is there a time limit on a will? Or Does a Will have a Time Limit?
👉Is there any time limit for execution of the Will? Or ,Is there any expiry period of a Will?
👉Is there any time limit for claiming an
estate/property through a Will? Or
👉How many years a will is said to be valid and
effective?
Is there a time limit on a will? Or Does a Will have a Time Limit?
Since, a Will-maker/Testator
vests his property in the name of any person of his choice, and after the death
of the Testator the said person will inherit all the properties named in the Will,
it means that the transfer of property of the Will- will be as per the whim and
wish of the Will maker/Testator and not as per the operation of law, and
hence it is clear that the said Will of the Testator will not come under the
statute of limitations.
Is there any time limit for execution of the Will? Or ,Is there any expiry period of a Will?
A Will
exists in perpetuity and is valid indefinitely after the death of the Testator
and there is no bar on its enforcement. The beneficiary in whose name the Will
is written has the indefinite right to execute it at any time after the Testator's
death because the Will remains valid forever. There is no expiry date set for a
Will, and no authority can impose any restrictions or limits on the time period
for the execution of a Will.
Is there any time limit for claiming an estate/property through a Will?
A Will once made is not automatically revoked or cancelled , and only the Testator who wrote the Will has the right to revoked/cancel the Will or make an new Will after declaring the previous Will void/invalid.
And if the Testator fails to declare the old Will invalid , the new one written Will still be valid , and will always prevail over the old Will.
There is no limitation period under the Succession laws to challenge a Will , and the legal heirs can challenge the Will at any time on the ground of Fraud, Coercion, or Undue influence as mentioned in the Indian Succession Act.
How many years a will is said to be valid and effective?
A legal heir must challenge the will within three years from the date of the dispute or when probate becomes necessary, although there is no deadline for probating a will, and the legal heir can apply for probate whenever required.
Can a will be challenged after 12 years of the testator's death?
The time limit for challenging a will in India is 12 years from the death
of the testator, which means that if a person wants to challenge a will he has
a period of 12 years from the date of death of the testator, and if he
challenges after 12, he will have to explain the reason for the delay.
Furthermore, if there is no challenge within this period, the will is considered permanent.
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