A Will is one of the most important documents, and you should keep it with utmost care. Are you not able to decide where to keep your Will? Find your solution here.
It is crucial to keep a Will Safe and guarded under any conditions as it is a legal document that discloses one’s interest in transferring their property to the person of their choice. This legal document allows your legal heir/heirs to get the ownership of your property after your death.
There is a possibility that some conflict may arise amongst your heirs in the absenwilce of a Will, after you leave this world. To avoid this conflict, it is advisable to make a Will before one’s death.
Give Protection To Your Will
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 points 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.
Where to Keep a Will?
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
Places Where You Should Not Keep Your Will
Keeping your Will in an inappropriate place may result in you losing your Will.
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.
How to Change a Will?
You may need to make changes in a Will in case of 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
- Cancelling the previous Will to prepare a new Will.
Why Protection of Will Is Important?
Safeguarding your will holds immense significance in ensuring that your assets are distributed according to your desires. By taking measures to protect your will, you can prevent potential conflicts among your heirs and beneficiaries. A well-protected will helps secure your legacy and offers peace of mind knowing that your wishes will be upheld.
How We Can Register Our Will in India?
Registering your will is an additional step to ensure its protection. The process typically involves submitting your will to the appropriate authorities, which could be a sub-registrar’s office. This formal registration helps establish the authenticity of your will and provides legal validity to its contents.
Validity of the Will Registration
The act of registering your will can have a significant impact on its validity. A registered will carries more weight in the eyes of the law, as it serves as evidence of your intent and prevents of potential disputes. The legal recognition of a registered will can streamline the execution process and reduce the likelihood of challenges.
How Registration Guarantees Its Validity in India
Registering your will in India enhances its credibility and ensures its validity. The process of registration involves following legal procedures, which adds an extra layer of authentication to your will. This authentication can play a crucial role in protecting your will against challenges and disputes, thereby safeguarding your final wishes.
Conclusion
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
How a Will Can Be Challenged?
A will can be challenged if there are allegations of fraud, coercion, lack of testamentary capacity, or discrepancies in the execution process. Legal avenues exist to address such concerns.
Who Keeps the Original Copy of a Will?
Safeguard the original copy of your will in a secure place. The person who has been designated as the executor or trustee often keeps the original copy of the will, ensuring its safekeeping and accessibility when needed.
How to Prepare a Will in India?
Drafting a will involves outlining your wishes for asset distribution and appointing executors. The will should be properly witnessed, signed, and dated to ensure its legality.
What Is the Time Limit to Challenge a Will in India?
The time limit to challenge a will is 12 years. Initiating a challenge within the prescribed time frame is crucial to raising valid objections.
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