Home Drafting How to make your Will?

How to make your Will?

December 1, 2016

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MAKE YOUR WILL – A will allows you to communicate how your assets are to be distributed among those close to you after your death.

WHAT IS A WILL?

Will is the legal declaration of the intention of the person with respect to his /her property, which the person desired to be, carried into effect after his/her death. It allows you to communicate how your assets are to be distributed amongst your relatives after your death. When a person dies without making a will, he/she is considered to be died intestate. The property of the person is then inherited by the legal heirs of the person in accordance with the law of inheritance applicable.

ADVANTAGE

Eases Transition: A will brings in order with regard to how your assets will be handled after your death. At such a difficult time for your loved ones, this would significantly alleviate their burden.

Enables Choice: In case of an intestate death (without a will), your assets would devolve as per the laws of inheritance, which may not be as per your wishes. A will is where you can state exactly how you want your assets to devolve.

DOCUMENTS REQUIRED FROM THE CLIENT

Beneficiary Information
2. Asset Information
3. Debt Information
4. Contact Information for your Executor and Guardian

FAQ

1. What is a Will?

It is a testamentary document by which a person bequeaths his property to be effective after his death. After the death of the testator, the property will devolve on the person in whose favour the will has been created. By the way, if you believe that a person’s death is caused intentionally, get the assistance of Wrongful Death Attorney to settle the case.

2. Who can execute a will?

Any person above the age of 18 years and of sound mind may execute a will, but if caused by fraud, undue influence or misrepresentation is not valid. Therefore, the will must be executed voluntarily.

Parents or guardians cannot execute will on behalf of minors or lunatics.
It must be attested by at least 2 witnesses.
Scribe (Deed writer/ Advocate) cannot be called as a witness. Two independent witnesses are necessary other than scribe.
Beneficiary under a will should not sign as attesting witness. In order to avoid any dispute regarding implementation of a will, the description of the property along with the beneficiary must be clearly written.

3. Is it compulsory to register a will?

It is not compulsory to register a will. Executants may register at their option. But it is better to register a will because if the original is lost, certified copy of that can be obtained from the Office of Sub-Registrar.

4. Is there any time-limit to register a will?

There is no time-limit to register a will. Executants may register at any time.

5. Can a will be cancelled?

Yes, a will can be cancelled at any time during the life-time of the testator.

6. What happens to the property if a person dies without preparing the will?

If a person dies without preparing a will, the state’s laws of intestate succession govern inheritance rights. Typically, the spouse and children are the first in line to inherit the property. But if a person does not have a spouse and children, then close relatives like parents, siblings or grandparents will inherit the property.

7. Can a will be registered after the death of the testator?

Yes, the claiming party have to produce will, records relating to the death of the testator, witnesses and scribe before the Sub-Registrar. If he is satisfied about the truth and genuineness of the documents presented before him, he will register the will.