Dehradun: In a significant move recognizing the high number of armed forces personnel hailing from Uttarakhand, the state has made a special provision for a ‘Privileged Will’ under its newly implemented Uniform Civil Code (UCC).
This provision caters specifically to soldiers, air force personnel engaged in warfare or expeditions, and mariners at sea, offering them flexible rules to create a will.
Allows these individuals to make a will either in writing or by word of mouth
A ‘Privileged Will’ allows these individuals to make a will either in writing or by word of mouth. According to an official, a privileged will can be written wholly by the testator in their own hand without needing a signature or attestation. Alternatively, it can be written wholly or in part by another person and signed by the testator without the need for attestation. Even if it is not signed by the testator, as long as it was written under their direction and the person involved recognizes it as their will, it will be considered valid.
Verbal or written instructions for the will
In cases where a soldier, air force personnel, or mariner has given written instructions for their will but dies before it is prepared or executed, those instructions will constitute their will. Additionally, those entitled to make a privileged will can do so verbally by declaring their intentions in the presence of two witnesses.
Provision to assist individuals in high-risk situations
This provision is designed to assist individuals in high-risk situations to document their wishes regarding their estate in the event of their death. A will made verbally will become null and void one month after the testator is no longer entitled to make a privileged will, ensuring that the provision is used only in appropriate circumstances.
It will recognize the unique circumstances faced by defense personnel
An official, who requested anonymity, stated that the objective of this provision is to ensure that individuals in dangerous situations, such as those engaged in warfare or expeditions, have a streamlined and accessible way to document their desires for their estate after their death. The flexibility provided by the privileged will recognize the unique circumstances faced by defense personnel and offer a practical solution for ensuring their final wishes are honored.
This move is expected to provide support to defense personnel
With the implementation of this provision, Uttarakhand once again underscores its commitment to the welfare and support of its defense personnel, acknowledging the sacrifices made by those who serve the nation. This move is expected to provide peace of mind to soldiers, air force personnel, and mariners, knowing that their wishes can be documented even in the most challenging situations.
