Duplicate Wills

The Indian Succession Act has made provisions for creating a duplicate will. Make a duplicate will & ensure better management of your affairs after your death. It will also make life more comfortable for those you leave behind.

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Duplicate Wills

As the name indicates, if there are two sets of wills, then these wills are known as duplicate wills. It is quite simple to create a duplicate will. The testator has to obtain a second copy of the will and shall approve it and get it attested in the way that he did for the first will according to Section 63 of the Indian Succession Act, 1925. One copy can be obtained from the testator and the other might be held in secure custody with a trustee, bank locker, the drafting attorney, or with the head.

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Benefits of Duplicate Wills

Making a duplicate will provide you with the possibility of managing your affairs after your death. We all have a natural objection to examine our death, but it is the one thing in life that is guaranteed to happen. If you don’t leave a will then the law will step in and a firm set of rules, known as the Intestacy Rules, will dictate what happens to your property and your money.

By making a duplicate will, you can ensure how your property and affairs will be allotted. It will also ensure your wishes are accurately taken into evidence and it will make life more comfortable for those you leave behind. There are several positive reasons for making a duplicate will.

  • Implementing financial protection for loved ones.
  • Providing gifts for properties and money
  • Spending less inheritance tax
  • Selecting guardians for your children
  • Choosing your administrators
  • Evading inheritance conflicts
  • Building a life interest
  • Designating wishes for your funeral
  • Making arrangements for your pets
  • Avoiding the unintended outcomes of intestacy
  • Features of Duplicate Wills

    Some people think that only the rich or those with a complicated set of assets need wills. However, there are other advantages to having wills.

  • You can be transparent about who receives your assets. Decide who receives what and how much.
  • You can recognize who should take care of your children. The courts will conclude without a will.
  • Moreover, your heirs will have a quicker and more comfortable time getting access to your assets.
  • You can plan to protect your estate money on taxes. You may give charitable contributions and gifts, which can help to balance the estate tax.
  • Importance of Duplicate wills

  • A Duplicate will is a legal report that spells out your intentions concerning the care of your children, as well as the division of your assets after your death.
  • Moreover, failure to make a will typically leave choices about your estate in the hands of judges or state officials, and may also make family strife.
  • You can make a strong will for yourself, but you should have the document testified to reduce the possibility of strong challenges later.
  • To be completely sure everything is in order, consider holding your will developed by a trusts and estates lawyer.
  • What is a Will?

    A will is a legal document that carries forward your favourites concerning the division of your assets and the responsibility of any kids. If a person dies without a will, these choices cannot be taken away. Besides, your beneficiaries may be asked to spend extra time, cash, and sensitive responses to improve your affairs after you're dead.

    The purpose of a will is to allocate your assets to the people you wish to receive your assets. This is achieved by first knowing the property you have and then choosing the people you want as beneficiaries to acquire these assets.

    Wills can differ in their effectiveness, based on the representation, though no document will hopefully fix every issue that occurs after your death.

    Who can make a Will?

  • A person who is of sound mind and is 18 years old or above.
  • Additionally, a Hindu married woman with respect to her acquired properties.
  • A person who is deaf or dumb or blind if he/she can understand what he/she is doing.
  • Further, a person who is ordinarily insane during the interval in which he is of sound mind.
  • What is the role of a testator in a duplicate will?

    The testator makes a copy of the will to protect the execution of the will after his/her death. If the testator damages the copy of the will that he/she has in his/her care then, that would automatically remove the other will. Duplicate wills are powerful and provide solid evidence for testamentary purposes until the original will is not on the account. Contrarily, the authenticity of the duplicate Will remains uncertain. The assumption that the original will be revoked will be measured in case the original will is not filed with the duplicate copy in the request for probate.

    The testator will generate a duplicate will for the sake of security or protection with a bank or executor or trustee. However, if the testator mutilates the Will in his/her custody, then the other Will is also supposed to be revoked.

    What are the steps involved in preparing duplicate wills through Vakilsearch?

  • Step 1: Our platform connects you to highly rated lawyers.
  • Step 2: The first draft will be shared with you in four days.
  • Step 3: Two rounds of iterations at no extra cost.
  • Documents required for a Duplicate Will.

    Personal Assets

    You need to produce copies of any paperwork correlated to your assets for your lawyer. Common assets people leave to others in their will add the following

    In short, anything you own that can be spent on should be recognized and prepared for your lawyer, so they may appropriately cover the topic in your will.

  • Certificates to any real estate
  • The ownership of any vehicles
  • Reviewing account statements
  • Savings account statements
  • Money market account records
  • Stocks
  • Bonds
  • Retirement accounts
  • Other properties
  • Jewellery
  • Existing Debts

  • Mortgages
  • Car loans
  • Consumer debt
  • Hospital or other medical bills
  • Student loans
  • Home equity lines of credit
  • Chosen Beneficiaries

    When you leave assets to beneficiaries, your lawyer and the courts must be able to recognize and discover those beneficiaries to categorize your property. Because of this, you must hold certain knowledge about your beneficiaries in your will. Important information about your receivers includes:

  • Full names
  • Complete addresses and phone numbers
  • Social security numbers
  • Date of birth
  • Birth certificates or adoption documents for any minor children
  • FAQs on Duplicate Wills

    Can a person hold more than one original will?

    If you have many wills, your beneficiary or your loved ones may present more than one will at probate court. However, only the most recent will shall be considered as valid by the probate court.

    Can anyone inspect a Will?

    Only the trustees selected in a will are allowed to see the will before probate is allowed. If you are not an administrator, the lawyer of the person who has died or the beneficiary of the will can enable you to view it or give you a model of it.

    Is the executor required for a will in India?

    An executor is such a person who will perform the will. It is not necessary that for every will an agent has to be selected. But, selecting an executor makes performance an easier process. In some cases, a solicitor firm can act as an enforcer. Sometimes the fee of the trustee is fixed by the testator himself

    What is the most suitable place to keep a will?

    A will can be kept in your home in a private safe, a secure filing cabinet, or a protection locker, or another safe position. If you store your will in a place that requires a sequence, password, or key for entry, be sure to share that data with someone you trust, such as your spouse, your adult children, or your lawyer.

    What does a solicitor do after someone dies?

    The solicitor will address all the related companies regarding debts and assets and even the service companies. They will assist you with applying for the Grant of Probate and complete all the required tax forms. Once probate is given, your solicitor can divide the estate and finalize the estate records.

    How can you prove a forged will?

    Forgery of a will is particularly hard to prove in court and is normally connected with an allegation of no knowledge or support. Generally, those events which are won rely on the data of a handwriting specialist who has found differences between the impression on the will and the actual sign of the deceased.

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