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has agreed with the person who is incompetent to acquire by will that he will transmit the
benefit of the will in favour of the latter.
TYPES OF WILLS
234. Types of wills.— Wills may be of the following categories:-
(a) Public;
(b) Printed open;
(c) Closed or sealed;
(d) Wills made outside Goa.
235. Public will.— A testator who wishes to make a public will has to declare his last
wish before any Special Notary in the presence of two witnesses, worthy of credit so that
he may record the will in the Book of Wills.
236. Printed open will.— A testator who knows to read, may opt to present to the Special
Notary a computer generated printout of the operative part of his will on a standard paper
of the size of 29.7 cms x 21 cms entitled ‘open will’ and declare before the Special Notary
that the printout contains his last wish in the presence of two credit worthy witnesses, who
shall identity the testator, and certify that the testator is in his senses and free from coercion.
237. Closed or sealed will.— Closed or a sealed Will shall be written and signed
by the testator, or it may be written by another person at the request of the testator and
signed by the testator. The person who signs the will shall initial all its pages. The testator is
exempted from signing the will where he is unable to sign it; however, the fact that he is
unable to sign the will shall be recorded in the will by the Special Notary.
238. Incompetence to make a closed will.— Persons who do not know or are
unable to read are not competent to make dispositions by way of a closed will.
239. Failure to present the closed will.— Where a person who is in possession of
the closed will, and, where the will is made by an absent person, does not present it or, in
case of the testator’s death, does not present it within thirty days from the date of the
knowledge of the death, he shall be liable to pay damages. Where the person who fails to
present the will is guilty of deceit, he shall, besides being liable to pay damages, forfeit his
right, if any, to the inheritance of the testator and shall also be liable for criminal
prosecution.
240. Fraudulent removal of will.—Any person who fraudulently removes the will from the
effects of the testator or from the possession of any person with whom it is deposited shall
be subject to pay damages, forfeit his right to the inheritance and shall also be liable for
criminal prosecution.
241. Where the closed will is found open.— Where the closed will is found opened,
whether amidst the effects of the testator or in the possession of a third party but without