DEHRADUN: Among the special provisions of the Uniform Civil Code (UCC) that will soon be implemented in Uttarakhand is one that facilitates the easier creation and cancellation of wills for armed forces personnel. The provision for a ‘privilege will’ allows soldiers, air force personnel, or sailors on active duty or deployment to create wills under simple and flexible rules. These wills can be handwritten, orally dictated, or presented verbatim before witnesses.
The primary goal of this provision is to enable individuals in high-risk situations to document their property-related wishes effectively. For instance, if a soldier writes a will by hand, formalities such as signatures or attestation are not required, provided it is clear that the document was created at their behest. Similarly, an orally declared will made before two witnesses qualifies as a privileged will; however, it becomes invalid a month later if the individual is still alive and no longer under special service conditions.
An official, familiar with the provisions, said, “The UCC Act, 2024 provides a structured framework for the creation and revocation of wills and codicils (testamentary succession). The Act elaborates on various aspects related to wills.”
In addition to personally drafting a will, a soldier can have one prepared by another person based on their instructions. The soldier may accept the will verbally or through their actions, and it will still be considered privileged. If a soldier provides written instructions but passes away before finalising the will, those instructions can still be considered valid, provided they reflect the soldier’s intentions. Likewise, oral instructions given before two witnesses and recorded in writing during the soldier’s lifetime can also be recognised as a will, even if not formally finalised.
A privilege will can be revoked or modified by the soldier by creating a new one or in some cases, an ordinary will to reflect their last wishes. This arrangement safeguards the interests of individuals in challenging situations who wish to document their property-related decisions clearly.
The service will soon be made available on an online portal to streamline the application process by making it faster, smoother, and paper-free while ensuring a robust digital record. Sources added that making a will is not mandatory and remains a personal choice. However, for those who wish to set clear guidelines for their property, this act offers a secure and straightforward system, the sources said.
The Act also specifies that marriage ceremonies can continue to be conducted in their traditional manner under the Anand Marriage Act, 1909, the Special Marriage Act, 1954, or the Arya Marriage Validation Act, 1937. However, compliance with the Act’s fundamental conditions—such as age, mental capacity, and the absence of a living spouse—is essential.
While recognising traditional marriage ceremonies, the Act includes provisions under which a marriage can be declared void or voidable. If it is discovered that a marriage conducted after the Act’s implementation violates key conditions—such as one party having a living spouse, inability to provide legally valid consent, or falling within prohibited relationships—the marriage will be considered void. In such cases, either party can petition a court to nullify the marriage.
However, under the Act, even if a marriage is declared void or voidable, any children born from it will be considered “legitimate” so that the legal rights of children are protected.
Dehradun: Among the special provisions of the Uniform Civil Code (UCC) that will soon be implemented in Uttarakhand is one that facilitates the easier creation and cancellation of wills for armed forces personnel. The provision for a ‘privilege will’ allows soldiers, air force personnel, or sailors on active duty or deployment to create wills under simple and flexible rules. These wills can be handwritten, orally dictated, or presented verbatim before witnesses.
The primary goal of this provision is to enable individuals in high-risk situations to document their property-related wishes effectively. For instance, if a soldier writes a will by hand, formalities such as signatures or attestation are not required, provided it is clear that the document was created at their behest. Similarly, an orally declared will made before two witnesses qualifies as a privileged will; however, it becomes invalid a month later if the individual is still alive and no longer under special service conditions.
An official, familiar with the provisions, said, “The UCC Act, 2024 provides a structured framework for the creation and revocation of wills and codicils (testamentary succession). The Act elaborates on various aspects related to wills.”
In addition to personally drafting a will, a soldier can have one prepared by another person based on their instructions. The soldier may accept the will verbally or through their actions, and it will still be considered privileged. If a soldier provides written instructions but passes away before finalising the will, those instructions can still be considered valid, provided they reflect the soldier’s intentions. Likewise, oral instructions given before two witnesses and recorded in writing during the soldier’s lifetime can also be recognised as a will, even if not formally finalised.
A privilege will can be revoked or modified by the soldier by creating a new one or in some cases, an ordinary will to reflect their last wishes. This arrangement safeguards the interests of individuals in challenging situations who wish to document their property-related decisions clearly.
The service will soon be made available on an online portal to streamline the application process by making it faster, smoother, and paper-free while ensuring a robust digital record. Sources added that making a will is not mandatory and remains a personal choice. However, for those who wish to set clear guidelines for their property, this act offers a secure and straightforward system, the sources said.
The Act also specifies that marriage ceremonies can continue to be conducted in their traditional manner under the Anand Marriage Act, 1909, the Special Marriage Act, 1954, or the Arya Marriage Validation Act, 1937. However, compliance with the Act’s fundamental conditions—such as age, mental capacity, and the absence of a living spouse—is essential.
While recognising traditional marriage ceremonies, the Act includes provisions under which a marriage can be declared void or voidable. If it is discovered that a marriage conducted after the Act’s implementation violates key conditions—such as one party having a living spouse, inability to provide legally valid consent, or falling within prohibited relationships—the marriage will be considered void. In such cases, either party can petition a court to nullify the marriage.
However, under the Act, even if a marriage is declared void or voidable, any children born from it will be considered “legitimate” so that the legal rights of children are protected.
