Life is not permanent. Neither you nor I know when death will come to us. These days, we need to keep our minds strong to face anything.So today I thought I'd let you know about the last will and testament law. I know from experience that the lack of knowledge about law in society creates so many problems. So I think it is very important to raise awareness about practical law.
What do you know about last will ? How do you create a last will with a legal value...?
Ok I will explain all those questions.
I think First of all we need to know What is the law related to last will...?
The law affecting the last will and testament in Sri Lanka is the Last Will and Testament Act No. 21 of 1899. This has been amended by Act No. 14 of 1933. And also there are some provisions related to last wills In the Prevention of Fraud Ordinance No. 7 of 1840.
What is the meaning of “ Last will “... ?
According to Section 2 of the Last Will and Ordinance No. 21 of 1844 ,
A last will and testament made by a person regarding the course of action to be taken on his or her properties during his or her lifetime after his or her death.
What are the rules to make a Last will ... ?
There are a number of terms involved in preparing a last will and testament as follows:
✨ The person making the last will must be over 18 years of age.
✨ The person signing the last will must be in good health at the time, in a good mood, and able to comprehend something.
✨ Only movable and immovable property in the name of the person in Sri Lanka can be transferred by a last will and testament.
✨ The last will and testament nominee shall nominate a trustee to comply with the terms of the last will and testament. That person is known as an executor. He is the person who gets the authority to manage the properties after the death.
✨ The last will must be written. However, according to Section 14 of the Act, a soldier serving in the Army and a Marine serving at sea is not required to prepare this in writing and the last will can be prepared orally.
How do you make a Last will... ?
If there is a notary, the last will and testament can be prepared by certifying the notary and two witnesses.
In cases where the notary does not certify the last will, the last will must be certified in the presence of at least 5 witnesses.
There is no requirement as A last will must be registered. It is wrong. Your last will is a secret till your death.
Can you change some statements in your last will...?
YES YOU CAN!
The person who wrote the last will can change , amend or cancel the last will written by him at any time. It is called Codicil. This amendment also can attach to the original last will.
If the testator gets married after preparing the last will and testament, the last will will automatically cancel. Also if you make a new last will or if you destroy the last will by firing , shredding it , your last will also cancel . But remember if you destroy your last will there must be the intention of cancellation with you.
So guys I ‘ m just told you the basic law about last will. If you do not make the last will , your properties will be divided according to the law of succession. It is a little bit of a complicated area. I hope it will also be explained in the near future.
So I hope you all can get some idea of the law of last will. Knowing about practical law in Sri Lanka will relive some problems in your day to day life.
Stay safe!
*** See you in the next Article *** 📝
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