Testamentary Succession among Parsis and Christians
A person’s testamentary succession may be handled through probate or the creation of a will. However, for a will to be deemed legal, it must be legitimate, and the person drafting it must be competent enough to do so. For Christians and Parsis, some significant facets of testamentary succession includes the following mentioned.
Those who possess the ability to make a will:
- Ability to make a Will: To dispose of his property, any adult who is of sound mind and is not a minor may make a will. Thus, if they have the knowledge and the will to do so, anybody can make a will, including married women and those who are dumb, deaf, or blind.
- Competency to make a Will: A person’s competency is the same as stated in the Indian Contract Act 1872; for instance, someone who is drunk or unwell may not be in a suitable mental condition to form a will.
- Idea of a Testamentary Guardian: A father’s will grants him the authority to name a guardian or guardians for his child or children until the child reaches adulthood.
- Revocation of the Will by the Testator’s Marriage: According to Section 69 of the Succession Act, all wills must be deemed revoked by the Testator’s marriage, which occurs subsequent to the writing of the will.
- Privileged and Unprivileged Wills: Wills that satisfy the requirements outlined in Section 63 of the Act are referred to as “unprivileged wills,” whereas those that are prepared and carried out in accordance with Section 66 of the Act are known as “privileged wills.”
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