Introduction
A) Everybody is concerned about his property after his death. After a person's death, the said person can ensure, as to how his property should devolve and to whom it shall devolve. The same can be done by way of a Will.
B) If a person dies without leaving behind his Will, his property would devolve by way of 'Law of Intestate Succession' and not Testamentary Succession.
c) Will is an important Testamentary Instrument through which a Testator can give away his property in accordance to his wishes and ensuring the Testator's actual intention being followed after the Testators death.
D) Law of Wills initially developed out of Muslim law and later on with the European countries that led to the substitution of the informal practice of written or oral testamentary instruments, with formal Testamentary Instruments.
E) The Indian Succession Act, 1925, consolidating the 'Law of Intestate Succession' and not 'Testamentary Succession' supersedes the earlier Acts, and is applicable to all the Wills and codicils of Hindus, Buddhists, Sikhs and Jains throughout India except Mohammedans, who can dispose their property according to Muslim Law.

Definition of Will
“Will is the legal declaration of the intention of the Testator, with respect to the Testators property, which the Testator desires to be carried into effect after his death."
In other words, a Will or a Testament means, a document made by a dead person before his death, whereby he disposes of his property, but such disposal comes into effect only after the death of the Testator.

Kinds of Wills
Conditional Wills:
A Will maybe made to take effect on the happening of a condition
Example: Operation of the Will can be postponed till after the death of the Testator's wife.
Joint Wills:
Two or more persons can make a Joint Will.
Joint Will is a single document containing the Wills of two persons.
If the joint Will is joint and is intended to take effect after the death of both, it will not come into force during the life time of either person and is revocable at any time by either during the joint lives or after the death of the survivor.

Mutual Wills/ Reciprocal Wills:
Two or more persons may agree to make mutual Wills i.e. to confer on each other reciprocal benefits.
In mutual Wills the Testators confer benefit on each other but if the Testatrix a Testators are distinct, it is not a Mutual Will.
The revocation of Mutual Will is possible during the lifetime of either of the Testators. But if a Testator has obtained any benefit from the Will, then the claim against the other Testators property will lie.
Mutual Wills are separate Wills of two Persons.

Privileged Wills:
A Will made by a soldier or an airman or a mariner, when he is in actual service and is engaged in actual warfare, would be a Privileged Will.
Essentials Characteristics of a Will
Conformity with law:
The Will must be made in conformity with the law and must be executed by a person legally competent to make it.
Disposition of Property:
The Will should relate to the property of the person making the Will. It should be his self earned property and not ancestral property.
Effective date of operation of Will:
The Will must be intended to take effect after his death.
Revocability:
The essence of every Will is that it is revocable during the lifetime of the testator. It is also automatically revocable by execution of another Will.
Form of a Will:
There is no prescribed form of a Will. In order for it to be effective, it needs to be properly signed and attested. The Will must be initialed by the testator at the end of every page and next to any correction and alteration.
Language of a Will:
A Will can be written in any language and no technical words need to be used in a Will, however the words used should be clear and unambiguous so that the intention of the testator is reflected in his Will.
Stamp Duty:
No Stamp Duty is required to be paid for executing a Will. A Will, therefore, need not be made on stamp paper.

Attestation:
A Will must be attested by two witnesses who must witness the testator executing the Will. The witnesses should sign in the presence of each other and in the presence of the testator.
Under Parsi and Christian law, a witness cannot be an executor or legatee. However, according to Hindu Law, a witness can be a legatee. A Muslim is not required to have his Will attested, if it is in writing.

Restrictions On a Will
Transfer to unborn persons is valid:
Where a bequest is made to a person by a particular description, and there is no person in existence at the Testator's death who answers that description, the bequest is void.
 For a transfer to an unborn person, a prior interest for life has to be created in another person and the bequest must comprise of whole of the remaining interest of the Testator.
Transfer to a class:
Will can be made in respect of a class of persons and shall not become void only because some of the class of persons are not in Existence.

Effects of Registration
Registration is evidence, showing that proper parties had appeared before the Registering Officers and that the Registering Officers had attested the same after ascertaining the identity of the parties.
Registration of Wills is not compulsory and non-registration of a Will does not infer that the Will is not genuine.
Registration though not compulsory it evidences the genuineness of the Will.

Revocation & Amendment
A Will can be revoked, changed or altered by the testator at any time when the Testator is competent in law.
A person can revoke, change or alter his Will by executing a new Will, revoking the earlier Will, registering the new Will (if the old Will is registered), destroying the old Will.
Invalid Wills
Wills invalid due to fraud, coercion or undue influence:
A Will or any part of Will made or executed by fraud or coercion, basically not by free will, will be void.
Wills Void Due To Uncertainty
If a Will is uncertain as regards either to the object or subject of the Will then it is an invalid Will.
If a Will is vague and not definite then it will be void for the reason of uncertainty.
Will Void Due To Impossibility Of Condition:
A contingent legacy can take effect only on happening of that contingency.
A Conditional Will is that Will which is dependent on the happening of a specific condition, the non-happening of which would make the Will inoperative.
A bequest upon an impossible condition is void.

Frequently Asked Questions
Why should one make a will?
When a person dies, someone has to deal with the persons affairs and decide what will happen to the things the said person owned.
In a Will the said person can say what will happen to his possessions and assets when he dies.
If the person dies without making a Will (called 'Dying Intestate'), it can be complicated to work out who will get what.
What makes a will valid?
For a person to make a valid will, he must:
be mentally capable;
be at least 18 years old;
make a Will, if the person is young and is on an active military service.
The Will must:
have been made without 'undue influence';
be in writing;
be signed by the Testator and two witnesses, who must all be together during the signing of the Will;
be dated when it has been signed.;
be accompanied with doctors certificate if the Testator is ill.
No amendments or additions should be made after the will has been signed.
Who can be a witness?
Any person over 18 years of age;
A beneficiary of the will cannot be a witness;
Any person who is appointed as an executor or the husband or wife of one of these people cannot be a witness.
What does an Executor or Administrator do?
They are people appointed in a will to deal with the estate of the person who has died.
They can also take charge of the house and possessions of the person who has died unless it passes automatically to a joint owner (for example, the person's living husband or wife).
What is Probate?
It is an official document giving the executors of the Will, the right to deal with the assets and property of the dead person.
Example: When you show the Probate Form to a bank, the bank knows that it is dealing with a person who has the right to handle the estate of the dead person and it will allow the person holding the Probate Form, to withdraw money from the dead person's account.