Section 2(h) of the Indian Succession Act, 1925 defines ‘Will’ as the legal declaration of the intention of a testator with respect to his property which he desires to be carried into effect after his/her death.

The word ‘Testament’ is derived from ‘testatio mentis’ which signifies the determination of the mind. It means the legal declaration of a man’s intentions, which will be acted upon after his death. It is not a transfer, but a mode of devolution being the aggregate of his testamentary intentions so far as they are manifested in writing.

The definition brings out the following characteristics of a valid Will:

1. It should be the legal declaration of the intention of the testator (the one who writes/executes the will).
2. The declaration must be with respect to the property of the testator capable of being transferred by the testator during lifetime and must contain words of disposition bequeathing the property to the legatee/beneficiary.
3. The will is executed when a testator desires his intention to be carried into effect after his death.