You should proceed cautiously while making investments because they will enable you to sustain your standard of living even after retirement. You must file a will in order to ensure that your investments and assets are transferred to the appropriate person after your demise. For that purpose, you need to know about Will, and how we can make a will in India. Let’s get started.
What Is a Will?
In legal terms will, a will in india is a document that specifies how property and other assets may be dispersed upon the death of the executor of the will, despite the fact that the word “will” is frequently used to refer to the desire to accomplish something in English. It serves as the sole legal document that establishes a person’s heirs and the distribution of their estate. It cannot be utilised against the executor while they are alive and only becomes active after their death.
In India, it is not mandatory to record a will. An individual may voluntarily add one more witness to his/her Will that is the Government of India (Sub-Registrar’s Office) with some additional effort and cost. It helps the family in the event someone challenges the authenticity of the Will, resulting in court intervention to prove that the Will is genuine. It makes proving genuineness easy without the need to call witnesses, etc.
Types of Wills
Unprivileged
Anyone, excluding combatants, may carry out unprivileged will. These guidelines must be followed by them:
- The testator is required to sign the will. A different person may be asked to sign the will in the testator’s presence
- The signature is necessary to make the will effective
- Two or more witnesses who saw the sign being placed on the will are required to attest to it
- No special verification is required.
Privileged
For the time being, air force officers, sailors, and soldiers are covered by a privileged will. The following guidelines apply to this particular will:
- In the event that the will is written in the testator’s hand, no attestation is necessary
- It may also be written by others, but even if it’s not attested, it still needs to be signed by the testator in such an instance
- If a document is not signed by the testator but was written by someone else, it must be demonstrated that the writer followed the testator’s instructions
- The written instructions that the member of the armed services had may be regarded as his legal will if they could not be recorded as will.
Steps for Will Creation
- The testator must first go to the sub-office registrar’s in the area where they reside or where the majority of the estate is located in order to record a will. The original Will is made more reliable and trustworthy by the testator’s physical attendance before a government official
- The Will may not be disclosed to the testator’s contemporaries for reasons of privacy or security, but it can be recorded at any time due to its delicate nature. Thus, unlike other papers that must be registered within 4 months after the date of execution.
- While file the document, It should carefully review it to make sure there are no legal omissions
- A date is set in the sub-registrar office for the enrollment process after the Will has been reviewed
- It costs money to record with the nominal government, which varies from state to state
- The testator should make sure that he must travel to the Sub-office Registrar’s with at least 2 attesting witnesses
- The Recorded copy of Will is available for pickup following the procedure in one week.
The Fundamental Standards for Making a Will
The Indian Succession Act’s Section 59 addresses a person’s ability and necessity to create a Will. Regarding this, it states:
- A person who is not a minor may make a will to dispose of his property, and a person who is not deaf, blind, or dumb should have the mental capacity to understand the nature of the testamentary disposition
- The individual writing a will must be of sound disposition, which means they must be free from mental immaturity, idiocy, mental weakness, delusion, acute illness, serious physical infirmity, etc
- The person writing the will needs to be completely aware of its contents and give their approval.
Conclusion:
If You are Looking to file a will, then you need to write or make it. Even while the writing or making of will is regarded as fancy and unnecessary, it is nevertheless a crucial document that determines not only the fate of your loved ones but also the distribution of your possessions. Without a will, it becomes more complicated to dispose of the property because the state is now involved. There is a good probability that the state will seize the entire estate if a person passes away without a will or heirs. It is paradoxical that over 80% of Indians pass away without making use of this privilege. All you need is to contact Vakilsearch professionals who can offer you the best legal services right now. They will assist you in following any legal avenues that you missed.
FAQs
What is the procedure to write a will?
The procedure to write a will involves determining assets, appointing an executor, and clearly outlining beneficiaries and their shares. Seek legal advice to ensure the document adheres to legal requirements, making it a valid and enforceable expression of your wishes for asset distribution after your demise.
Which document is required for will?
The key document required for a will is a comprehensive list of your assets and their details. This includes properties, investments, bank accounts, and any personal belongings. Ensuring a thorough and accurate asset inventory is essential for creating a clear and effective will.
Is a notarized will valid in India?
Yes, a notarized will is valid in India. While notarization adds a layer of authenticity, it's advisable to consult legal experts to ensure the will complies with all legal requirements. Professional guidance can help prevent potential challenges to the validity of the will in the future.
How can I legalise a will in India?
To legalise a will in India, the testator (person making the will) should sign it in the presence of at least two witnesses. These witnesses should also sign the will. While not mandatory, registration with the local registrar provides an additional layer of authenticity and can be done for added legal security.
Can I make a will without a lawyer in India?
Yes, it is possible to make a will without a lawyer in India. However, seeking legal advice is advisable to ensure the will complies with all legal requirements. Legal professionals can guide individuals through the process, ensuring the will is clear, valid, and effectively reflects the testator's intentions.
Is handwritten will valid in India?
A handwritten will, known as a holographic will, is valid in India. However, it must be entirely handwritten, dated, and signed by the testator. While witnesses are not mandatory, their presence can strengthen the will's authenticity. Seeking legal advice ensures the handwritten will aligns with legal norms for validity and enforceability.
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