Uttarakhand UCC makes provision of privileged will for defence personnel

Dehradun: The Uniform Civil Code to be implemented soon in Uttarakhand makes a special provision for defence personnel called "privileged will" which can be made both in writing or by word of mouth.

Any soldier or air force personnel engaged in an expedition or actual warfare or a mariner at sea can make a privileged will for which rules have been kept flexible, an official familiar with the provisions of the UCC said.

Privileged wills may be in writing or may be made by word of mouth, he said.

A privileged will written wholly by the testator with his or her own hand will not need to be signed or attested, the official said.

It may be written wholly or in part by another person and signed by the testator (person executing the will) without any need for attestation.

Even if it is not signed by the testator but proves that it was written by his or her directions and the person concerned recognised it as his or her will, it will be deemed to be his or her will, the official said.

If the soldier, air force personnel or mariner has written instructions for the preparation of his or her will but died before its is prepared or executed, such instructions shall be considered to constitute his or her will. Those entitled to a privileged will can make it even by word of mouth by declaring their intentions to do so in the presence of two witnesses.

A will made by word of mouth shall be null at the expiration of one month after the testator, being still alive, has ceased to be entitled to make a privileged will, the official said.

The objective of this provision is to help individuals in high risk situations to document their desires as to what should be done with their estate after their death, the official said requesting anonymity. Chief Minister Pushkar Singh Dhami, who was authorised by the state cabinet recently to decide a date for the implementation of UCC, has repeatedly said that UCC will be implemented this month.

However, he has not yet announced a date for its implementation.

Uttarakhand will be the first state in independent India to implement the UCC.

Its implementation was a major commitment of the BJP in the run-up to the 2022 assembly polls which saw the party storm to power for a second consecutive term.