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A will is a legal document that plays a key role in the distribution of one’s assets in the event of their death. The person making a will is known as the testator. It is necessary to keep a will in place to prevent the property from being distributed through the process laid down by law. When one dies without making a will, the property is distributed through ‘intestate’ succession. The process of intestate succession varies from religion and personal law.
Thus, it is always advised to prepare a will in advance to ensure that the property is divided as per the wants and wishes of the deceased. Ideally, the will suggests the property being divided to the close relatives or friends of the deceased. Keeping a will in advance is a healthy practice, this is often overlooked as many people do not have a will or have outdated information in it. In India, it is not necessary to register a will but it is always advantageous to register it with the Sub-Registrar.
A testator has the right to alter the entirety of the will whenever he chooses and in any way he sees fit. Any individual who has the legal capacity to do so may form a will; but, if that person lacks the capacity, the will is considered invalid and unenforceable.
Any will that was obtained through coercion, force, or undue influence is deemed invalid. A will that was written while under the influence of alcohol or while in a physically or mentally incapacitated state is deemed invalid. A person's will may be carried out at any moment during their lifetime.
However, there is no limitation or restriction on the number of times a testator can make or modify a will. However, the only legitimate and enforceable Will is the one made by the testator just before his death. A will can be signed or sealed by the testator in the presence of two witnesses, who must also sign the document and attest to it.
Yes, a clause to the will can be added if the testator only wants to make a few modifications and doesn't want to alter the entire document. Similar to how the Will as a whole is carried out, so is the codicil.
It is important to note that, like a will, a codicil is reversible and can be changed at any moment. If the party's heirs object, a citation must be issued, requesting their approval and the requirement that they appear in court. If no protest is made, the probate will be granted, and only a Will will then take effect and acquire legal validity.
A will that has previously been signed by both parties and witnessed might be recorded even after the testator has passed away. Before the sub-registrar office, claimants must provide an original copy of the testator's will along with the testator's death certificate, and witnesses must also be present. If the officer is happy with the documents and thinks they are accurate, a will may be registered. However, if the testator passes away, the officer can start the ‘will enquiry’ process.
The benefits of having a registered will include the following:
Having a registered will has the following drawbacks:
Public admission to will inspection is not authorised. A copy of the Will may only be obtained from the Sub-office registrar's by the maker of the will. The executor or a member of the deceased person's family may obtain a copy of the will following proper identification verification.
No one may execute a will that hasn't been registered because the law does not support it. However, an unregistered will does not have the same level of legal sanctity as a registered will.
A will may be registered in the local sub- registrar's office during the registration process in the presence of the testator and two witnesses. The witness should ideally be a person who can attest to the testator's capacity to make the will. A person's preferences may change over time based on the circumstance, and the will could need to be amended. The registration fee is fairly low, therefore one can easily change or update the will as often as required. You can pay to register for every new version.
Distribution of one’s property after death is a very important event. Reading of a will after death is a common practice where heirs gather to hear the will left by their recently deceased member. It is thus necessary that a will is specific. A confusing or non-specific will can cause a lot of legal and financial trouble to a grief-stricken family. It is important that the property is divided as per the wants and wishes of the testator. A poorly drafted will can also be often misused. This is why one should seek guidance from legal experts who will properly draft your wants and wishes.
Note: For every issue or concern you may have, our experts will assess your situation and advise you on the best course of action.