Precautions in drafting a will:
The rules of construction of wills have been given in the Indian Succession Act and wills are constructed according to those rules. Therefore while drafting the will; the rules of construction should be kept in mind. The following are the precautions in drafting the will:
Wording of a will: It is not necessary that any technical words or terms of art be used in a will, but only that the wording be such that the intentions of the testator can be known there from.
Inquiries to determine questions as to object or subject of will. For the purpose of determining questions as to what person or what property is denoted by any words in a will.
When words may be supplied. Where any word material to the full expression of the meaning has been omitted, it may be supplied by the entire context.
A will can be amended to change the provisions. The amendment, referred to as a codicil, is subject to the same requirements as the original will.
Meaning of clause to be collected from entire will. The meaning of any clause in a will is to be collected from the entire instrument and all its parts are to be construed with reference to each other. The intention of the testator should be gathered from the entire will and parts construed independently with reference to each other.
Which of two possible constructions preferred.‑Where a clause is susceptible of two meanings according to one of which it has some effect, and according to the other of which it can have more, the former shall be preferred
Interpretation of words repeated in different parts of a will. If the same words occur in
different parts of the same will, they shall be taken to have been used everywhere in the same sense, unless a contrary intention appears.
Testator’s intention to be effectuated as far as possible. The intention of the testator shall not be set aside because it cannot take effect to the full extent, but effect is to be given to it as far as possible.
The last of two inconsistent clauses prevails. Where two clauses or gifts in a will are irreconcilable, so that they cannot possibly stand together, the last shall prevail.
Finally, no clause in the will should be in contravention of the Indian succession Act.
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