What is Testamentary Succession?
Testamentary succession is the process by which a person distributes his possessions in a will. A person may only create a will for their personal property. The Indian Succession Act, 1925 governs testamentary succession. Under testamentary succession, a person is given the legal authority to decide, while still living, how his estate will be distributed after his passing. In addition to protecting its enforcement (to compel observation and conformity to that will), the law respects the deceased person’s will. A person is considered to have created a will if they use this method to decide how to distribute their possessions.
Key Takeaways:
- Testamentary succession is the process by which a decedent will determines how their assets are distributed. It concerns an heir’s entitlement to inherit assets from a deceased ancestor.
- Laws of succession are mostly dependent on individuals practicing various religions; certain religions have prescribed behaviors, while others rely on their sacred books.
- A will is a formal statement of a person’s intentions for the distribution of their assets or estate upon death.
- Indian Succession Act 1925 plays an important role in guiding the principals of testamentary succession.
Table of Content
- Testamentary Succession under Personal Laws
- 1. Testamentary Succession under Muslim Law
- 2. Testamentary Succession among Hindus
- 3. Testamentary Succession among Parsis and Christians
- Sample Will
- Conclusion
- Testamentary Succession -FAQs
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