Under Muslim law, it is not necessary to make a Will only in writing. It may be made either orally or in writing. No particular form is prescribed and a written Will need not be signed or attested. In the case of oral Will, the person who asserts it will have to establish and prove existence of oral Will with utmost precision beyond doubt.
The person making the Will may revoke it at any time either expressly or impliedly. The express revocation may be either oral or in writing. The Will can be revoked impliedly by testator transferring or destroying completely the subject matter of the will or by giving the same property to someone else by another Will.
But if the marriage of a Muslim has been held under the Special Marriages Act, 1954, then such a Muslim cannot execute a Will under the Muslim law as the provisions of Indian Succession Act, 1925 shall be applicable in such cases.
