WILL

A will means the legal deceleration of the intention of a testator with respect to his
property. Which he desires to be earned into effect after his death. According to
succession Act 1925 a will is defined as the legal declaration of the intention of a testator
with respect to his property which he desires to be carried into effect after his 'death.
Will Means the legal declaration of the intention of the testator with respect to his
property which he desires to be carried into effect after his death.
Will fall broadly into two classes :-
1. Privileged Will Privilege is a legal freedo! on the part of one person as against
another to do given act"
2. #p privileged Will Above the legal freedo!"
Categories of will : -
Double will has be applied to a testa!entary instru!ent e$ecuted by two persons and
giving the property of one dying first to the survivor% or giving their separate property to
survivor for life and then to third person
HOLOGA!H WILL &s a will written entirely by the testator.
"IO#$ WILL &s a instru!ent e$ecuted by two or !ore person% in pursuance to act"
of a co!!on intention% for the purpose of disposing their several interests in property
owned by the! in co!!on% or of their separate property treated as a co!!on fund% to
third person or persons.
Who may will : -
1. 'very person of sound !ind not being a !inor can dispose of his property by will.
2. A !arried wo!an can dispose off y will any property which she could alienate by her
own act during her life.
(.Person who are deaf and du!b or blind or not thereby incapacitated for !a)ing a will if
they are able to )now what they do by.
*. A person who is ordinarily insane can !a)e a will while he is in such a state of
sound !ind.
5. A father whatever his age !ay be can by will appoint a guardian +, guardians for
his child during !inority.
%uslim under Islamic Law&
A Musli! can not dispose his property by will to an heir unless the other heirs -onsent
per!ission" to the be.uest &nheritance% birth right" after the death of the testator and if
the be.uest be to non heir it will be valid only to the e$tent of one third of the surplus of
his estate after pay!ent of funeral e$penses and debts and the be.uest in e$cess of the
legal third cannot ta)e effect unless the heirs consent thereto after the death of testator.
e'ocation of Will: -
When the testator in his life can intend to change the ter!s of will already e$ecuted by
hi! or cancel the sa!e in toto% the said act is called / the revocation of the Will/.
How re'ocation is made :
A will is liable to be revo)ed or altered by the !a)er of it at any ti!e when he is
co!petent to dispose of his property by will. 0o unprivileged will nor any part thereof
can be revo)ed otherwise than by !arriage or by another will or codicil or by so!e
writing declaring an intention to revo)e the sa!e and e$ecuted in the !anner in which an
unprivileged Will is hereinafter re.uired to be e$ecuted or by the burning tearing or
otherwise destroying the sa!e by the testator or by so!e person in his presence and by
his direction with the intention of revo)ing the sa!e.
%OD(L DOC)%(#$:
1'-2A3A4&+0 +, W&22 5 WA6&A40AMA
This Declaration of Will / Wasiatnama is made and executed at Karachi on this
day of _______, 2007.
78
65o 99999999999% Musli!% Adult% 35o 999999
holding 0.&.-. 0o.
do hereby declare his will 5 Wasiatna!a as under:
1. 4hat & have !y own property in respect of
2. 4hat & have !y daughter 5 son na!ely 99999999999 65o 15o 9999999999% Musli!%
Adult% 35o 9999999999999999
(. 4hat & hereby announce !y declaration of will 5 wasiatna!a% that & transfer !y
abovesaid property in the na!e of !y abovesaid daughter 5 son .
*. 4hat in !y said property nobody have share holder or nobody have any right to clai!
in !y said property in future.
5. 4hat in !y personal property nobody will not clai! in future about their share.
& hereby announce !y will that fro! the ancient property will be distributed in !y legal
heirs according to 6hariat;e;Muha!!adi% if any !y legal heir will be e$pired then his
share will be goes to his legal heirs.
&0 W&40'66 W<'3'+, &% subscribed !y hand 5 thu!b i!pression in the presence of
following witnesses on the day !onth and year !entioned above.
D(CLAA#$
W&40'66'6 :;
1.999999999999999999
2.999999999999999999