Requirements for a Will to Be Valid in India

For making your Will valid in India, there are specific requirements that you need to meet. This article will explain what a Will is all about and the essential requirements in India.

You must have heard many cases where the will registered in India is invalid. Why is this? It is because the will doesn’t meet the Requirements for a Will. But most of us don’t even know what a will is all about. A Will is a legal declaration made by the person about how they want their property to be inherited or managed by their successors. Even though a will is considered a legal document, there is no specific form. However, a Will in a written format is written by a person who has a sound mind, and not a minor cannot be refuted. So now we know what a will is all about. But there are different types of Wills in India. So let us learn about the Requirements for a Will. 

Essentials include the presence of an intention, the details of the testator, the assets, the beneficiary, the executor, the signature of the testator and proper verification in the presence of two witnesses.

Different Types of Wills

Making a will is relatively simple. If complications and confusion arise, consider hiring a professional lawyer who will help you draft the will. Before that, know about different types of Wills and understand which category of choices your will belongs to. Then the procedure will be easy. Some of the different kinds of Wills in India:

• Concurrent will

Concurrent wills are a type of Will where a person’s one will, or two wills are written by themselves to provide information regarding the disposal of the properties for convenience. Further, one will remove immovable properties, and the other will remove moving properties. Finally, the will enables you to dispose of unnecessary properties you own. 

• Holograph wills

The Holograph will is a handwritten will of a person signed by a testator. These types of Will cannot be refuted. 

• Duplicate wills

The duplicate will is the will created along with the original will. Further, the original will is kept with the person for security reasons, and the duplicate will is kept in a different place. Therefore, if the original is lost, the duplicate will not be valid. 

• Contingent wills

Contingent or conditional wills are a will with a clause if the pre-defined conditions occur. If the pre-defined conditions don’t happen, the will is considered invalid. 

• Mutual wills

Mutual wills are made between two or more people where if one person passes away, the other person gets to own the latter’s assets. For instance, if the mutual will is between a husband and wife, the other gets to own their spouse’s assets when either dies. 

• Oral wills

One of the least considered types of Will is the Oral Will. Because the validity of the oral is much less than handwritten wills, further, it is recognised only in a few states if there is a fear of death in that person.

Thus, these are the types of Wills available and are considered valid in India. However, what is its Requirements for a Will to make it accurate is what we will cover next. 

Requirements for a Will to Be Valid in India

Once the Requirements for a Will is ready, the next step is to make it valid in India. You need to meet specific requirements for making your will undisputably good in the eyes of the law. These are some of the essentials you will need to focus on:

• The person should be 21 years or more to write their will

The legal age for voting and acquiring a license is indeed 18 years. However, a person should be 21 or above to prepare a will because it is when they can maturely decide their future. Further, if they are mature enough to determine their future, they will be ready to make their will. 

• Any adult with a sound mind and no sign of illness, including married women (except Muslim women), can create their will

When a person is not in their right mind, senses create their will. But their relatives and family members prove it to be invalid, stating the health reasons of the person. But, on the contrary, nobody can refute the same if you are in the right state of mind and senses. 

• The will can be written on plain paper rather than stamp paper

One of the essential requirements for a Will to be valid in India is that the will can be written on plain paper rather than stamp paper. Furthermore, a will written in a piece of writing is more powerful and valid than a will written on a stamp paper.

• The will can be computer printed or handwritten with the signature of the testator and witnesses

Although, the will can be computer printed with the testator’s signature and that of the witnesses. It is advised that the will should be handwritten, as the will written by the testator on a piece of paper in complete consciousness and senses are considered non-claimable and indisputably the most valid document.

• Register your will without fail

The essential requirement to meet and make your Will valid is the registration of the will under the Succession Act, section 63. Because, once you register the will under the act, your will is considered the most valid document inarguably in the eyes of the law that nobody can claim on. 

• Ensure to register your will at the Sub-Registrar’s office

After you plan to register the will under the Succession Act, section 63, immediately visit the Sub-Registrar’s office to complete the entire process. This way, you can ensure that you are safe from legal execution, which will be the case if you don’t abide by the registration function. 

• People with vision and hearing impairments can also make their will with the help of a person in a good state.

Not an average person, but a person with vision or hearing impairment can make their will and decide how their assets are distributed among their successors. However, if they are not in a proper state of mind, they cannot make the will.

• While registering the will, ensure that you consult a professional lawyer.

Always go for legal counselling and get an expert opinion from eminent lawyers about Will making and registering to make it valid. They will help you understand the legal side of the process and the essential steps you can take. 

Essential Elements of a Valid Will

A will is a legal document that outlines your wishes for how your assets should be distributed after your death. Having a valid will ensures your loved ones are taken care of and avoids potential conflict and confusion. Here are the essential elements of a valid will in many jurisdictions:

1. Testator’s capacity: You must be of sound mind and at least the legal age of majority (usually 18) to make a valid will.
2. Intent: The document must clearly state your intention for it to be your will.
3. Writing: The will must be written, not oral. Many jurisdictions require it to be handwritten or typed, though some accept wills typed and printed by others if you sign it yourself.
4. Beneficiaries: Clearly identify the individuals or entities who will receive your assets (beneficiaries).
5. Executors: Appoint one or more individuals to manage your estate and carry out the will’s instructions (executors).
6. Witnesses: In many jurisdictions, the will must be signed by you and witnessed by two individuals who are not beneficiaries and are competent to testify in court.
7. Signature and date: Sign and date the will in the presence of witnesses.

Importance of a Valid Will

Having a valid will offers numerous benefits:

1. Clarity and control: You choose who inherits your assets, avoiding potential legal battles and ensuring your wishes are respected.
2. Guardianship for minors: You can appoint guardians for your minor children in your will, providing stability and care for them after your death.
3. Peace of mind: Having your affairs in order gives you and your loved ones peace of mind, knowing your wishes will be carried out.
4. Reduced administrative costs: A will simplify the probate process, potentially reducing administrative costs and delays.

Issues Faced in Absence Requirements for a Will

When no valid Requirements for a Will exists, the intestacy laws of your state or country will determine how your assets are distributed. This can lead to several issues:

1. Unforeseen distribution: Assets may be distributed to individuals you didn’t intend to inherit, potentially causing conflicts and financial hardship.
2. No guardianship: In the absence of a named guardian, minors may be placed in state care or with someone they might not have preferred.
3. Increased costs and delays: The probate process can be more complex and expensive without a will, leading to lengthy delays in asset distribution.

Therefore, having a valid will is crucial for ensuring your wishes are respected, and your loved ones are protected after your death. Don’t hesitate to consult with a lawyer to ensure your will meets all legal requirements and effectively reflects your desires.

Conclusion

Overall, a Requirements for a Will is an important document that you need to keep ready when the time is right. Because life is unpredictable. So, when the time comes, consult a lawyer and make your Will valid in the country. 

FAQs on Requirements for a Will

How can I check if a will is valid in India?

Verifying a will's validity in India involves multiple steps:
Scrutinize the document: Check for the testator's signature, witness signatures, date, and clear language outlining beneficiaries and asset distribution.
Consult a lawyer: A lawyer trained in probate law can meticulously assess the will's adherence to legal requirements and advise on further steps. Talk to our lawyers at Vakilsearch today!
Approach the probate court: The probate court has the authority to officially pronounce a will as valid or invalid through a legal process.

Is a will on plain paper valid in India?

Yes, wills written on plain paper are valid in India as long as they meet all other legal requirements, including:
Signed by the testator in the presence of two witnesses.
Witnessed and signed by two individuals capable of giving evidence in court, not beneficiaries.
Clear and unambiguous language conveying the testator's wishes.

What makes a will invalid in India?

Several factors can invalidate a will:
Undue influence: If the testator was coerced or pressured into making the will.
Mental incapacity: If the testator was not of sound mind at the time of writing the will.
Formal defects: Missing signatures, incorrect dates, or ambiguous language can create doubts about the will's authenticity.
Revocation: A later will effectively revokes any previous wills.

How do I prove a registered will is valid?

A registered will carries presumption of validity due to its official registration process. You can further solidify its validity by:
Obtaining a certified copy of the registered will from the registrar's office.
Having witnesses corroborate their signatures and the testator's mental state during signing.
Providing additional evidence if challenged, such as medical records or witness testimonies.

What is the official proving of a will?

Probate is the legal process of validating a will and overseeing the distribution of the deceased's assets according to its terms. It involves filing the will with the probate court, notifying heirs and creditors, resolving any disputes, and distributing assets as directed by the will.

How long is a will valid after death?

A valid will remains effective indefinitely after the testator's death until its terms are fulfilled or superseded by a later will.

Also, Read:

• Points to Keep In Mind While Writing Your Will
• Why Is It Important to Make a Will
• What’s the Average Cost of a Making a Will Yourself