Drafting of Will
Will is a document, considered as a legal declaration of the intention of a Testator about the distribution/disposal of his assets/properties, etc. after his death. The Will would specifically have details of all considerations that the Testator has in mind, to carry out his wish in this regard, after his death.
A will is a legally binding document that identifies who should inherit a person’s property after they die. Recipients often include a spouse, children, grandchildren, or a charitable organization. Many Wills also contain a provision that names a guardian to care for minor children. A person that makes a will is called a testator.
Registration of a Will is not compulsory in India. A non-registered Will having all the characteristics of a legal Will is as much valid as a registered will.
Advantages of registered Will
- The genuineness of the Will becomes clearly and strongly evident
- The non-tampering of the Will can be proved easily as one copy is with the registrar.
- Even if the Testator’s copy is lost or stolen, the same can be retrieved from the Registrar.
A Will can be prepared by:
- A person who has assets and desires those assets to be inherited by a certain specific person can write a Will;
- A person should be a Major i.e. 18 years of age or more;
- Should be of a sound mind; and
- Should not otherwise be debarred from making a Will by any competent authority.
Common elements of a Will:
- The testator is at least 18 years old and of sound mind.
- The inclusion of a statement that the document is the testator’s Will.
- The Will is typed or computer-printed, except in the case of a handwritten Will.
- The Will must have at least one provision that disposes of property or a provision that appoints a guardian for minor children.
- The appointment of an executor; and
- The testator and at least two witnesses signed the Will.
The testator should adhere to the following guidelines when signing a will and selecting witnesses:
- The testator must sign and date the end of a typed or computer-printed Will in ink.
- The signature should match the name that appears in the Will.
- The witnesses must see the testator sign the Will.
- The witnesses must also sign the Will.
- The witnesses should be at least 18 years old; and
- It is preferable that beneficiaries should not be witnessed.
- It is not mandatory to have a will notarized; however, doing so may simplify probate proceedings.
Revocation of Will:
A Will can be revoked by the Testator at any time during his or her lifetime, a registered Will can also be revoked by approaching the designated office of the Sub-Registrar and filing an application to him along with the other relevant documents.
Alteration of Will:
A Will can be altered by the Testator at any time during his or her lifetime, a registered Will can also be altered by approaching the designated office of the Sub-Registrar and filing an application to him along with the other relevant documents.
Get Expert Help from Anywhere in the World
Schedule a consultation with our NRI specialists.
Book a Call