As soldiers stand at the frontlines, their minds are trained to anticipate the unexpected. Yet, what often goes unaddressed is how little preparation exists for what they may leave behind: loved ones, dependents, and assets. In this space of uncertainty, the law provides a powerful safeguard: the Privileged Will.
A legal shield in war zones
The Indian Succession Act, 1925, offers special provisions for members of the armed forces—soldiers, airmen, mariners—and certain auxiliary personnel, like medical or logistical staff, to make Wills under significantly relaxed conditions during active service in conflict zones. This isn’t merely symbolic. It’s a practical and compassionate legal tool that safeguards the dignity of those who risk everything so that the common people may sleep peacefully at night.
What makes this provision so remarkable is that it acknowledges the urgency and realities of warfare, where life and uncertainty coexist. In essence, as a soldier defends the nation, the law defends the soldier’s legacy.
Who can make a privileged Will?
Under Section 65 of the Indian Succession Act, a Privileged Will can be made by:
· Any soldier, airman, or mariner engaged in actual warfare or on an expedition
· Support personnel such as doctors, nurses, or technicians, provided they are deployed in a conflict zone
Provided, such individuals are at least 18 years of age.
This privilege is not extended to all armed forces members by default—it applies only when they are engaged in combat or high-risk operations.
Unlike standard Wills that require signatures, witnesses, and often formal registration, Privileged Wills can be created with relaxed formalities:
1. Handwritten by the testator: If the Will is entirely handwritten by the individual (the testator i.e., the person making the Will), it does not need to be signed or attested by witnesses.
2. Written by Another at the testator’s direction: A Privileged Will may be written by someone else on behalf of the testator.
- If signed by the testator, it is valid even without any witness attestation.
- If unsigned, it may still be valid if there is clear evidence that the testator dictated or affirmed it as their Will.
3. Incomplete or unexecuted Will: If the Will was left incomplete or unsigned—not due to abandonment, but due to circumstances beyond the testator’s control—it may still be recognised, provided there is clarity on the testator’s intentions and no indication of a change of mind.
4. Oral declaration: A Privileged Will can also be made orally, by declaring testamentary intentions in the presence of two witnesses who are present at the same time. These are typically fellow servicemen.
Also read: A defence personnel's guide to securing their financial future
A time-bound protection
An oral Privileged Will remains valid only for one month after the individual is no longer in a situation that entitles them to make such a Will—such as returning to civilian life or being relieved from active duty—unless it is revoked or replaced earlier.
Notably, if a soldier already has a formal Will but later creates a Privileged Will during combat, the latter takes precedence, regardless of its format.
A case that hit home
A landmark example is the case of Amrit Lal vs State of Rajasthan (AIR 1989 Raj 76), where the Rajasthan High Court upheld an Oral Will made by a soldier just days before his demise in active service. Though informal and made without prior intent for probate, the court recognised the soldier’s spoken words as legally valid given the context of war. The decision both honoured the soldier’s final wishes and reinforced the judiciary’s empathetic interpretation of such special provisions.
Also read: 9 personal finance commandments that those in armed forces must follow
Need for greater awareness
Despite existing for nearly a century, Privileged Wills remain a little-known legal right. The lack of awareness can leave families in legal uncertainty, particularly when disputes arise over inheritance or guardianship.
While we hope this legal safeguard is never needed, its presence offers psychological reassurance to both personnel and their families. It’s a quiet but powerful affirmation that, even in war, a soldier’s voice matters.
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