Report No. 110
Execution of Unprivileged Wills (Sections 63-64)
I. Persons Entitled to Execute Unprivileged Wills
13.1. Sections 63 and 64-Privileged and unprivileged wills.-
For the validity of a will, it is necessary that not only the will must have been made by a person competent to do so1, but also that the formalities laid down by law must have been complied with. Those formalities, in the scheme of the Act, are dealt with separately under unprivileged wills" and "privileged wills". The category of "privileged wills" is meant exclusively for wills executed by certain members of the armed forces in certain situations. For others, it is obligatory to comply with the provisions prescribed for unprivileged wills.
The principal formalities in case of unprivileged wills are-a written statement (of testamentary intentions), signature by the testator (section 63) and attestation by at least two witnesses (section 63): but incorporation of papers by reference in a will is permitted (section 64).
In the case of privileged wills, many of these formalities are dispensed with by two sections (sections 65 and 66), to be discussed later.
1. Sections 59 to 61.
13.2. Section 63-Various aspects of execution of unprivileged wills.-
Of the two classes of wills-unprivileged and privileged wills-unprivileged wills are dealt with first, in sections 63 and 64.
The requirements for the execution of unprivileged wills are elaborately stated in these sections. Barring a soldier employed in an expedition or engaged in actual warfare or an airman so employed or engaged or a mariner at sea, every testator shall, according to the section, execute his will, according to the requirements set out in the section in its three clauses. The first requirement relates to the signature or mark of the testator-clause (a). The second requirement relates to the placing of the signature or mark of the testator-clause (b). The third requirement is concerned with attestation-clause (c).
Convenience requires that the various aspects of execution of unprivileged wills should be discussed separately. Before doing so, however, we would like to deal with a question which touches the scope of the entire section.