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YMY
 NATURE AND
CHARACTERISTIC
• MEANING:

• the declaration in a prescribed manner of the intent of

the person making it with respect to his property or other
matters which he desires to be carried into effect after his
death and includes a testament, a codicil and an
appointment by will or by writing in the nature of a will in
exercise of a power and also a disposition by will or
testament of the guardianship, custody and tuition of any
child.

YMY
ESSENTIAL CHARACTERISTICS

Declaration of intention

No limit of property

Prescribes form

Revocable

Ambulatory

TE: After death

YMY
 REQUIREMENTS

FORMALITIES
AGE: ANIMUS
TESTANDI/TESTAMENTA
RY CAPACITY
I) Section 2 of • Section 5 of Wills Act
1959
Majority of Age Act • i) Mental capacity
1971;
• ii) Intention • i) In writing
II) Exception – Section • iii) Free choice • ii) Signature
26 of Wills Act 1959 • iii) Attestation

YMY
 REVOCATION

REVOCATION

AUTOMATIC VOLUNTARY
YMY
 PRIVILEGED WILLS

• A will by a soldier (actual military service), marine or

seamen (being at the sea);

• Section 26 of Wills Act 1959

• Not follow requirement under Section 4, 5, and 6 of

Wills Act 1959;
YMY
 CONSTRUCTION OF WILLS

• S100 of the Evidence Act 1950 provides that

nothing in sections 91 -92 shall affect the
construction Wills.

• Purpose : to give effect to the intention of the

testator expressed in the word of the Will.

YMY
TESTAMENTARY FREEDOM
• Full freedom of testation except under Muslim Law;

• Court may intervene on how to dispose the property ;

• Intervention by court – Family Provision S3 and S4 of

Inheritance (Family Provision) Act 1971;

• Intervention by court – public policy

YMY
YMY