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.
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.
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.
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.
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.
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.
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:
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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