By Dr. Anup P. Shah, Chartered Accountant
MEANING A bequest may be defined as the property / benefits which flow under the Will from the testator’s estate to the beneficiary. A legacy also has the same meaning. Thus, they are a gift of a personal estate under a Will. Interestingly, while these terms are used extensively in the
Indian Succession Act, 1925 (which governs the making of Wills in India), neither has been defined under this Act. Since making a Will is all about making a bequest or a legacy, it is important to understand the principles regarding a valid bequest, the time when it vests, etc.
VOID BEQUESTS Although a testator can bequeath his property in any manner whatsoever, certain bequests are treated as void under the Indian Succession Act. This is to prevent an embargo upon the free circulation of property. These bequests are as follows:
(a) A bequest made to a person of a particular description who is not in existence at the time of the testator’s death. E.g., A bequeaths land to B’s eldest son. At A’s death, B has no son. The bequest is void subject to certain exceptions to this rule.
(b) A bequest made to a person not in existence at the time of the testator’s death subject to a prior bequest contained in the will. In such cases, the latter bequest would be void unless it comprises the whole of the remaining interest of the testator in the property bequeathed. E.g., X
