Contingent or Conditional Will

A Contingent or Conditional Will is a type of Will that comes into effect only when certain conditions or specific scenarios outlined by the testator are fulfilled. These conditions may refer to future events, such as reaching a particular age or achieving a specific milestone. If the stipulated condition is not met, the Will remains legally invalid and does not take effect.

Concurrent Will

While it is common practice for a testator to create a single Will, there are situations where multiple Wills may be drafted for convenience or practical purposes. A testator may choose to prepare separate Wills to manage properties located in different geographical regions or jurisdictions. This approach ensures clarity and simplifies the legal processes for asset distribution across various locations.

Each Will, though distinct, pertains to the affairs of the same testator and addresses specific portions of their estate. Concurrent Wills allow for tailored instructions for properties or assets in different areas, reflecting the preferences and convenience of the testator. However, it is crucial to ensure that these Wills are clearly defined, legally compliant, and do not contradict one another to avoid potential disputes or confusion.

Mutual Will

A Mutual Will is a legal arrangement created by two individuals, typically a couple (husband & wife), who mutually agree on specific terms and conditions regarding the distribution of their assets. Often referred to as reciprocal Wills, these are separate but interconnected documents in which each testator designates the other as their primary beneficiary, ensuring mutual benefits are granted under the agreed terms.

Mutual Wills are particularly common among married couples with children from previous relationships, as they provide a mechanism to protect the inheritance rights of those children. The surviving partner is legally bound by the terms of the Mutual Will, ensuring that the original agreement is honoured. This is especially important in cases where the surviving partner remarries, as the arrangement prevents the property from being diverted to a new spouse or unrelated parties, safeguarding the interests of the deceased partner's children.

Testamentary Trust Will

A Testamentary Trust Will establishes a trust as part of the Will, designed to benefit specific individuals or fulfil particular purposes. This type of Will provides clear instructions for managing and distributing assets, ensuring that beneficiaries receive their inheritance according to the testator's intentions.

Holographic Will

A Holograph Will is a testamentary document entirely handwritten by the testator. This form of Will underscores the importance of proper execution while ensuring authenticity. Unlike other types of Wills, it does not require a witness to attest to its validity, provided it is written in the testator’s own handwriting.

Due to its handwritten nature, a holograph Will is often presumed to reflect the genuine intentions of the testator. Judicial precedents suggest that minimal evidence is typically sufficient to confirm the validity of its execution and attestation, as long as no significant doubts or irregularities are associated with the document.