CLAT PG Exam > CLAT PG Notes > Family Law > Wills and Codicils
Wills and Codicils | Family Law - CLAT PG PDF Download
| Table of contents |
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| Application of Certain Provisions |
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| Person Capable of Making Wills |
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| Testamentary Guardian |
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| Will Obtained by Fraud, Coercion, or Importunity |
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| Will May Be Revoked or Altered |
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Application of Certain Provisions
The provisions outlined in Schedule III of this Part shall apply, with specified restrictions and modifications, to all wills and codicils made by Hindus, Buddhists, Sikhs, or Jains.
Person Capable of Making Wills
- Any person of sound mind who is not a minor has the legal capacity to dispose of their property through a will.
- Explanation 1: A married woman can bequeath any property through a will that she has the legal right to sell or transfer during her lifetime.
- Explanation 2: Individuals who are deaf, dumb, or blind are not disqualified from making a will as long as they understand the nature and implications of their actions.
- Explanation 3: A person who is usually considered insane can validly create a will during periods of mental clarity and soundness.
- Explanation 4: No individual can make a will if they are in a state of mind, due to intoxication, illness, or any other reason, that prevents them from understanding what they are doing.
Question for Wills and CodicilsTry yourself: Who has the legal capacity to dispose of their property through a will?View Solution
Testamentary Guardian
- A father, regardless of his age, has the legal authority to appoint a guardian or guardians for his child during the child's minority through a will.
Will Obtained by Fraud, Coercion, or Importunity
- A will, or any portion of it, that has been created as a result of fraud, coercion, or such importunity that undermines the free will of the testator is considered void.
- Illustrations:
- If A deceitfully convinces the testator that the testator's only child has passed away or that the child has acted undutifully, leading the testator to create a will in favor of A, such a will is invalid due to fraud.
Will May Be Revoked or Altered
- A will can be revoked or modified by the maker at any time when they are legally competent to dispose of their property through a will.
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FAQs on Wills and Codicils - Family Law - CLAT PG
| 1. What are the legal requirements for a person to be capable of making a will? |  |
Ans. To be legally capable of making a will, a person must be of sound mind, usually at least 18 years old, and must understand the nature of the act of making a will. They should also be aware of the extent of their property and be able to recognize the people who are to benefit from their will.
| 2. What is a testamentary guardian, and what role do they play in a will? | |
Ans. A testamentary guardian is a person appointed in a will to take care of a minor child in the event of the parent's death. The role of the testamentary guardian is to ensure the child's welfare and upbringing, and their appointment becomes effective upon the parent's death.
| 3. How can a will be obtained through fraud, coercion, or importunity? | |
Ans. A will can be obtained through fraud if false information is provided to the testator to influence their decisions. Coercion involves forcing or threatening the testator to create or change a will against their will. Importunity refers to persistent, urgent requests that pressure the testator into making a will or altering it without their true consent.
| 4. What are the methods by which a will can be revoked or altered? | |
Ans. A will can be revoked or altered by the testator through several methods, including creating a new will that explicitly revokes the previous one, physically destroying the old will, or making a codicil (an amendment) to the existing will. The testator must have the intention to revoke or alter the will for these actions to be valid.
| 5. What is the significance of a codicil in relation to a will? | |
Ans. A codicil is a legal document that modifies, adds, or revokes provisions of an existing will without needing to create a new will entirely. The significance of a codicil lies in its ability to make changes more easily while maintaining the original will's structure, provided it meets the same legal requirements as the original will.
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Dec 25, 2024 Last updated |
Document Description: Wills and Codicils for CLAT PG 2024 is part of Family Law preparation.
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