Dhas D
Dhas D
U/s. 59 of ISA tADVgja ldbukAV.Fqf;vhe existence of a sound mind is a sine quo non for the validity of the
Will. Most of the Wills are not made by young persons who are fully fit but are made by persons who are
aged and bed ridden Hence, law does not expect that the testator shoukakbfjajcbasjkjc a.cjbasu.kca sscld be
in a perfect state of health , or that he should be able to agasbc,k ascbacfqadgive complicated instructions as
to how his property was to be distributed. A sound disposing mind implies sufficient capacity to deal with
and understand the disposition of property in his Will -
1) the testator must understand augdbkasjccblukasbc açbilassthat he is giving away his property to one or
more objects
2) he must understand and recollect the extent of his property 3) he must also understand the persons and the
extent of claims included as well as thydyujbams s,slkasose who are excluded from the Will. In Swifen v.
Swifen it was held that the testator must retain a degree of understanding to comprehend what he is doing,
and have a volition or power of choice.
Minors: A minor who has not completed the age of 18 years is not capable of making Wills. The onus of
proof on determining whether the person was a minor at the time of making a Will is on the person who has
relied upon the Will. S.12 of the Indian Contract Act also ajbkasjcasprovides that a minor is incompetent to
contract.
Other Persons Incapable Of Making A Will
Explanation I to S.59 of ISA provides that a Hindu marvascbjasjc.jaskc,ried woman is capable of disposing
by Will only that property which she caadsyyajg,cbaslkjaliuukd bau bcn alienate during her lifetime. Expla-
nation II provides that the persons who are deaf, dumb or blind can prepare a Will if they are able to prove
that they were aware of what they were doing. Explanation III provides for persons who are mentally ill an-
dukaduilascb,abcjck.jasdj insane. However subsequent insanity does not make the Will invalid i.e. if a per -
son makes a Will while he is of sound mind and then subsequently becomes insane the Will is valid and is
not rendered invalid by subsequent insanity. Further a person of unsound mind can make a Will during his
lucid interval. A Will made by a person who is intoxicated or is suffering from any other illness, which ren -
ders him incapable of knowing what he is doing, is invalid.jfgab.dkn,ans.kc.kas
Though the burden of proof to prove that the Will was made out of free volition is on the person who pro-
pounds the Will , a Will that has been proved to be duly signed and attested Will be presumed to have been
made by a person of sound mind, unless proved otherwise. Further, a bequest can be made to an infant, an id-
iot, a lunatic or other disqualified person as it is not necessary that the legatee should be capable of assenting
it.