Duplicate Wills | Benefits & Features

Overview
Benefits
Features
Importance
Documents Required
Beneficiaries
Why a Duplicate Will?
FAQs
Why Vakilsearch

Duplicate Wills - Overview

Duplicate wills are copies of the original will created by the testator and can be made quite easily. According to Section 63 of the Indian Succession Act 1925, the testator must procure a second copy of the will, approve it, and have it attested the same way as they did for the original will. The testator may provide one copy, and the other may be kept in safe custody with a trustee, a bank safe, or a legal expert.

Benefits of Duplicate Wills

Having a duplicate will come in handy in many ways, for instance

You will be able to manage your affairs after your death
If you die without leaving a will, the intestacy rules, a set of strict laws, will govern what happens to your possessions and financial assets
You can assure how your property and affairs are distributed by creating a duplicate will
Additionally, it will guarantee that your preferences are accurately considered and improve the quality of life for the people you leave behind.

Other generic benefits of having a duplicate will are

Protecting the family and the financial system
Presenting gifts of money and property
Lowering the cost of inheritance tax
Choosing a guardian for your kids
Selecting your managers
Avoiding inheritance disputes
Establishing a lifelong interest
Expressing your funeral desires
Preventing intestate's unwanted consequences

Features of Duplicate Wills

Most believe only wealthy people or those with complex asset portfolios require wills. However, having a proper will help clarify and prevent family issues. Without a will, the courts will reach a decision. A duplicate will registration have all the following information.

About who obtains your assets, you can be open
Details on the guardians of your children
Details about legal heirs
Heirs' access to the assets

One can also prepare to reduce the tax burden on your estate funds.

Importance of Duplicate Wills

A duplicate will is an added benefit for your kids
It details about the total percentage of possession passed down to your kids post your demises
It prevents family conflicts
It prevents legal intervention
You can write a robust will for yourself, but you should get it witnessed to lessen the likelihood of future legal problems
Consider having trusts and legal experts draft your Will to ensure everything is in order.

Documents Required for a Duplicate Will

Personal Assets

You must provide copies of any documents about your assets to your attorney. People give the following common assets to other persons in their Will.

Any real estate certificates
The possession of any automobiles
Looking over account statements
Records for money market accounts
Stocks
Bonds
Retirement savings

Other Features

Jewellery
Current debts
Mortgages
Auto loans
Consumer loans
Hospital or other healthcare expenses
Education loans
Home equity credit lines

In other words, you should be aware of and ready to provide your lawyer documents regarding whatever you own that can be used so they can properly address the subject in your Will.

Chosen Beneficiaries

Your attorney and the courts must be able to identify and locate beneficiaries when you leave assets to them and properly classify your property. You must therefore include specific information about your beneficiaries in your Will. At Vakilsearch, we expect important details about your beneficiaries like

Real names
Complete phone numbers and addresses
Personal identification numbers
Date of birth
For any minor children, birth certificates or adoption documents

Why Should a Testator Draft a Duplicate Will?

The testator is the one who drafts the Will and decides the terms and conditions. So basically, they stand liable for all the aspects of the Will.

The other Will would be automatically revoked if the testator mistreats the copy of the Will under their custody. Until the original Will is no longer on the account, duplicate wills are effective and offer trustworthy proof for testamentary reasons
On the other hand, the validity of the duplicate will is still debatable. If the original Will is not included with the replica copy in the request for probate, it will be inferred that the individualist will is abolished
The testator will establish a duplicate will for the advantage of safety or protection with a bank, executor, or trustee. Nevertheless, if the testator modifies the Will under their care, the other Will must likewise be cancelled.

FAQs on Duplicate Wills

Who can get a copy of a will?

In most cases, the executor of the will or the person appointed by the court to administer the estate will have access to the original will. Additionally, beneficiaries named in the will typically have the right to obtain a copy of the will after the testator's death. However, access to the will may be subject to legal processes and requirements depending on the jurisdiction and circumstances. Consulting with an attorney is advisable for specific guidance.

Are copy wills valid?

Copy wills, or duplicate copies of a will, may be valid under certain circumstances, but their validity can vary depending on local laws and regulations. Generally, a copy of a will may be accepted if it can be proven that the original will was lost or destroyed unintentionally. However, it's crucial to consult with a legal professional to ensure compliance with the legal requirements for copy wills in your jurisdiction.

What is a duplicate original will?

A duplicate original will refers to a second copy of the will that has been executed and signed in the same manner as the original will. Duplicate original wills are typically created to safeguard against the loss or destruction of the primary original will. Both original wills are legally valid and can be used to administer the estate after the testator's death. It's essential to keep duplicate original wills in a secure and accessible location to ensure their validity and enforceability.

Can a person hold more than one original will?

Your beneficiary or your loved ones may submit more than one will to the probate court if you have several wills. The probate court will only accept the most current will as valid, though.

Can anyone inspect a Will?

Before the granting of probate, only the trustees named in the will are permitted to view the will. The executor's attorney or the will's beneficiary can grant you access to the will or a copy of it if you are not the administrator.

Is the executor required for a will in India?

Such a person who will carry out the will is called an executor. Every will does not necessarily require the selection of an agent. However, choosing an executor makes the task simpler. An attorney firm may occasionally serve as an enforcer. On occasion, the testator will set the trustee's remuneration.

What is the most suitable place to keep a will?

Your house, a private safe, a secure filing cabinet, a protective locker, are some of the safe locations to keep your will. It is better to share all the details of the will to a trustworthy person.

What does a solicitor do after someone dies?

Regarding assets and debts, the solicitor will speak with all associated businesses, including service providers. They will finish all the necessary tax forms and help you apply for the grant of probate. Your attorney can split the estate and complete the estate paperwork once probate has been granted.

How can you prove a forged will?

A will forgery is notoriously difficult to establish in court and is typically accompanied by a claim of ignorance or lack of support. The data of a handwriting expert who has discovered discrepancies between the impression on the will and the actual sign of the deceased is typically used to determine who wins those events.

Why Vakilsearch?

When it comes to Will we have the best attorneys with decades of experience. Our team can complete drafting the will in just three easy steps.

Step 1: You can connect with reputable attorneys using our website
Step 2: You will get the main draft in four days
Step 3: Two iterations will be provided at no extra payment.

All you need to do is book a slot with our attorneys and get all your queries resolved. Reach out to us right away!

Confused about your next step?

Get guidance from our senior lawyers who can understand your situation and help you make an informed decision.