“With an intention of making a will.”
This is an essential to make a valid will as for whatever will one seeks to enforce, if there exists no Animus Testandi, there can be no will.
A mentally retarded person can make no will because he has no intention.
1. Mt. Chunna Kunwar And Ors. V. Mt. Rasili Kunwar And Ors(1948)
2. Kishore Gidwaney v. The State(1985)