Wills are essential legal documents that dictate how an individual's assets, property, and estate will be distributed upon their demise. While the primary purpose of a will is to ensure that one's last wishes regarding asset distribution are honoured, there are various nuances and legalities involved in its creation and storage. This blog will go deep into the commonly asked questions about wills. From understanding the safest places to store these crucial documents to knowing the intricacies of challenging a will and the best practices to adopt when drafting one, this blog covers it all.
It is critical to keep your will safe at all times because it is a legal document that discloses one’s desire to transfer their property to the person of one’s choice. This legal document transfers ownership of your property to your legal heir/heirs after your death. In the absence of a Will, there is a chance that some conflict will arise among your heirs after you leave this world. It is best registration of Will before death to avoid this conflict.
How to Change a Will?
You may need to make changes in a Will in case of the entry of a new family member, death of the existing beneficiary, acquisition of new property etc. Therefore, you should know the process of changing a Will. You can change the Will by:
- Amending the Will through Codicil or replacing the whole Will
- Canceling the previous Will to prepare a new Will.
Where Should I Store My Will?
You can store your Will in a personal safe, a locked filing cabinet, or any secure location at home. In case you keep your Will in a place that requires a password, key, or combination to access, ensure that you share the relevant details with a trusted person like your spouse, adult children, or attorney.
After the preparation of a Will, you should always keep it carefully. Besides choosing a safe place, you should also consider its accessibility. The following places are the best to keep your Will safely:
- At the Office of an Attorney
An office of a trustable power of attorney can be one of the best places to keep your Will. It is one of the best ideas to keep your important document with a professional who will keep your Will secure with other important documents. It should also be a place which is accessible. If you want to make changes to anything in the testament, you can have it any time you wish. You can make the changes in the Will through the same Attorney or approach another Attorney.
- A Probate Court
A Probate court is also the right choice to keep your Will safely. If there is a facility of a Probate court, you should avail yourself the opportunity to file your Will with them. You can even have access to the Will whenever you want, if you require to make any changes. It will also be easy for the executor to access your Will. It will make it easier for him to complete all the required paperwork.
- A Safe Place at Home
A safe place in your home is also one of the best options to keep your Will without any worry. It should be kept in a place where it does not come into contact with water or fire. By keeping your Will in your home, you will also have full access. But, you should inform your beneficiaries and executor of your Will and where it has been kept. Keeping it in an accessible place will make it easy for the heirs to access it when the need arises. Always keep the Will separate from other documents.
Ensure Protection To Your Will Always
After making a Will, your responsibility involves keeping that Will in a safe place. You must also be very careful while choosing an executor of your Will. The executor is someone who carries out the responsibility of executing your Will by distributing your assets amongst your beneficiaries. Consider the following pointers while choosing an executor:
- Choose a Person Who is Responsible
One of the best qualities an executor should have is responsibility. There is no strict eligibility to be an executor. But, they should be responsible enough to carry out all your desires mentioned in the Will. They should be ready to communicate with beneficiaries and come forward to distribute your assets amongst the beneficiaries
- Check if He Has a Criminal Record
Always check the person’s record before choosing him as an executor of your Will. They should not have a prior criminal record. Their clean background will help you rely on them fully so that your Will is in safe hands
- Check their Age
Before appointing someone as an executor, you should always check their age. By knowing their age, you will determine whether they are a minor or not. Avoid appointing someone who is very old as an executor. An aged person may not be able to execute your Will in the right way due to many difficulties related to their health condition
- Check their Physical and Mental Health
Choose a person who possesses a sound mind and healthy body. They should be emotionally balanced and able to make impartial decisions. They should be able to involve themselves in all the matters starting from attending a court to carrying out Probate work. They should also have the patience to carry out such a big responsibility.
Places Where You Should Not Keep Your Will
Keeping your Will in an inappropriate place may result in you losing your Will. Here are the places where you should never store your will in:
- With Other Documents
Never keep your Will with other documents. If those documents are not that important, you may lose them, and your Will may also get lost with those documents.
- File Cover
There may be a possibility that your file cover may get lost or destroyed while carrying it with you somewhere. You may also lose your Will if you keep it inside the file.
- In a Secret Place
Never keep your Will in a secret place. It may cause difficulty to have access to it. Your beneficiaries or executor also may not have access to it easily.
- With a Person Other Than the Attorney
Never trust a person other than an Attorney however trustworthy they are, for safe-keeping of your Will. Such a person may blackmail you when it comes to giving access to your Will. It may cause trouble later on to get access to the Will
- On Your Computer
Never keep your Will on a laptop or computer. If your laptop or computer gets damaged or any error occurs, your Will may get deleted.
The Bottom Line
When you decide to make a Will, you should determine where to keep your Will safely. Keeping your Will in a safe place will make it easier for your beneficiary/beneficiaries to have easy access. If you don’t want your beneficiaries and executor to fall into trouble, you should always inform them about the place where your Will is kept safely. In case of any queries reach out to Vakilsearch right now!
FAQs on Will:
Where is the best place to keep a will?
A will should be kept in a safe and secure location, such as a safe deposit box, a lawyer's office, or a trusted individual.
Can a registered will be challenged?
Yes, even registered wills can be challenged, typically on grounds of fraud, undue influence, or lack of mental capacity.
Who keeps the original copy of a will?
The original copy is often kept by the person who drafted it, their attorney, or in a safe deposit box.
How do you make a will difficult to challenge?
Ensure that it's drafted clearly, with witnesses, and preferably with the guidance of an attorney. Regular updates and video recordings can also help.
Who keeps the original copy of a will in India?
In India, the testator (the person who made the will) can keep the original or give it to a trustee, lawyer, or in a bank locker.
What is the limitation period of registered will?
Generally, there is no limitation period to produce a will. But any contest to the will should be made within the specified time from the date of death or discovery.
On what grounds a will can be challenged?
Grounds can include undue influence, fraud, lack of mental capacity, improper execution, and the existence of a later will.
How do you prove a will is invalid?
By providing evidence that supports one of the grounds for challenging, such as witnesses, medical records, or contradictory documents.
What is the best form of will?
A formal, attorney-drafted will is generally the most secure and clear form.
What is the best way to do your will?
It's recommended to consult with an attorney who specialises in estate planning to ensure that your will is legally sound and reflects your wishes. For any queries, feel free to contact the Vakilsearch legal experts.
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