The Indian Succession Act, 1925 applies to A. A signs a document purporting to be a will but…
Section 59 requires testamentary capacity. Illustration (ii) gives the example of an instrument that is invalid as a will because the maker understands neither its nature…
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The Indian Succession Act, 1925 applies to A. A signs a document purporting to be a will but understands neither its nature nor the effect of its provisions. What is the status of the document as a will?
Answer and explanation
Correct answer B
Section 59 requires testamentary capacity. Illustration (ii) gives the example of an instrument that is invalid as a will because the maker understands neither its nature nor the effect of its provisions.
Option feedback
Option A
Signing alone cannot supply the understanding necessary to make a will.
Option B
Illustration (ii) to section 59 treats such an instrument as an invalid will.
Option C
The defect is a lack of testamentary capacity. Its effect does not depend on an executor's election.
Option D
A beneficiary's acceptance cannot supply the testator's missing capacity.
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Odisha Judicial Services