By OUR STAFF REPORTER
DEHRADUN, 23 Jan: The official sources claim that Uttarakhand Uniform Civil Code Act, 2024 provides a well-organized framework for the creation and cancellation of Wills and Codicils (Testamentary Succession). Various aspects related to the Will have been discussed in detail in this Act.
In view of the tradition of outstanding contribution of the state to the Armed Forces, the Act gives special importance to the “Privileged Will”. According to this, soldiers, airmen or marines on active service or deployment can prepare a Will under simple and flexible rules, whether it is handwritten, verbally dictated, or presented verbatim before witnesses. The basic objective of this well-organised process is to ensure that persons deployed in difficult and high-risk situations can effectively register their property-related wishes. For example, if a soldier writes a Will in his own hand, the formalities of signature or attestation are not required, provided it is clear that the document was prepared in his own will. Similarly, if a soldier or airman verbally declares a Will in front of two witnesses, it can also be considered a privileged Will, although it will automatically become invalid after one month if the person is still alive and his special service conditions (active service etc.) have ended. In addition, it is also possible that someone else drafts a Will as per the soldier’s instructions, which the soldier accepts verbally or in action; in such a situation also it will have the status of a valid privileged Will. If the soldier had given written instructions to draft a Will, but died before it could be finalized, those instructions will still be considered a Will, provided it is proven that they were his wishes. Similarly, if verbal instructions are given in the presence of two witnesses and the witnesses are able to record them in writing during the soldier’s lifetime, but the document is not formally finalised, such instructions may still be considered a Will.
Importantly, a privileged Will can also be revoked or amended in the future by the soldier by making a new privileged Will (or ordinary will in some circumstances) that reflects the soldier’s latest wishes. This entire system protects the interests of soldiers who wish to clearly record their property decisions under challenging circumstances.
