EXECUTION OF A WILL: PROCEDURE AND RELATED TERMS
The process by which a testator's Will is made valid legally is termed as Execution of Will. A
Will is a legal document, signed in conformity with the various regulations covered by the
legislation. It is the expression of the testator's desire regarding how his/her property is to be
distributed. It is the only way one can ensure his/her assets will be distributed as per his/her
wishes after his/her death. A compulsorily needs to be written, although it may be either
handwritten, or printed, or typed. The testator shall sign at the end of the Will. It must be
witnessed by at least two persons present at the time of signing by the testator so as certify
the genuineness of the will.
A document by which a testator appoints executors to administer his estate after his death,
and directs the manner in which it is to be distributed to the beneficiaries he specifies in the
said document is known as a will.
The procedure by which a testator's Will is made legally valid is regarded as Execution of
Will. A Will is a legal document, signed in conformity with the various formalities covered
by the legislation. The two witnesses must acknowledge that they were present and must sign
the Will as witnesses when the testator is present. Making of a Will is the only solution to be
sure that the assets of testator will be given to person of his/her wish.
Important Terms relating to will and its execution
1. Administrator - the person decided by the Court to collect and distribute a deceased
person's estate when the deceased dies without a will, his will did not select any
executor, or the executor refuses to act as per the testator wishes.
2. Beneficiary – 1.) A person authorised to benefit from a trust. A beneficiary was
formerly termed as the cestui que trust. 2.) in other words a beneficiary is one who
benefits from a will.
3. Bequest – it is a gift of property other than land by will.
4. Codicil – a document termed as supplementary to will.
5. Demonstrative legacy - A demonstrative legacy is paid from a specified fund.
6. Devise - A gift of real property by will, here in this situation, the beneficiary is called
the devisee.