Will Preparation in India – A will can be described as a legal document or a testament in writing form. It entails a set of wishes regarding various aspects, such as the distribution of assets and finances following a person’s passing. A will is a legal document that clarifies and helps resolve legal problems after a person dies. This article will outline the four steps to register a will in India that is legally valid.
What are the most important sections in a will in India?
People can use the following sections to create a Will on their own without the assistance of a lawyer. You can use online templates or the following points.
1. Declaration at the beginning: These labels can be used as declaration headings, such as “Last Will/Testament.”
2. Personal Information of the Testator: Name, address, birth date, etc.
3. Date of declaration of will: It is important to mention the exact date when your will was made.
4. Free Will: It is essential to mention that the will is being drafted without any external pressure or influence and that it is the Testator’s free will.
5. Executor’s Personal Information: As we have already mentioned, an Executor is a person responsible for the execution of the estate affairs on behalf of the Testator who has died. His personal information, such as name, relationship to the Testator, and age, is essential.
6. Assets and Beneficiaries: The will should list all assets (immovable, such as bank deposits, mutual funds, and other financial instruments) and the details of those who will inherit them.
7. Legal Guardian: In the event that minor children need to be cared for after the death, the will should include the details of the people who will be appointed as legal guardians until the children turn 18.
8. Other: You can include other wishes in your will, such as a guardian for your pet or any message you wish to send after the death. These wishes will be fulfilled by the Executor.
9. Signature: After completing the details above, sign the will.
10. Signature of Witnesses: There should be a minimum of 2 witnesses whose attestation is required in the will, along with their names and addresses.
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What is the Legal Validity of a Will Preparation?
– Enforceability
A Will allows the Testator to make decisions about his assets at his own discretion, even after his death. It is not subject to Indian Law. A Will can only be valid after the death or incapacity of the Testator. After the death of the Testator, the enforceability factor will be in place, and beneficiaries can immediately claim their assets.
– Alteration
The Testator can alter or change his will at any time during his lifetime by using a ‘Codicil.’ To demand modification in the current will, the Testator must attest to a Codicil.
– Validity of a Free Will
The will must be made, as mentioned, without influence, force or intoxication. Otherwise, it will be invalidated.
– Withdrawal
A Will can be withdrawn by the Testator at any time during his life.
– Last Will
The Last Will of the Testator is the one that will be enforced. There is no way to make more than one Will in one lifetime. Only the last testament, and none made before the Testator’s death, will be valid. The last will must contain all points.
– Legal Guardian
A legal guardian can be appointed to look after a person who is incapable of thinking or has no knowledge.
What are the different types of Wills?
Two types of wills are allowed by the Indian Succession Act:
Privileged will: These Wills are made by those who serve their country as soldiers. The Privileged Will is possible because they are often posted in an expedition or war-like situation. This does not require signatures or witnesses and it can be made either in writing or orally.
Unprivileged Will: Unprivileged Will is a Will made by people who are not serving the country. They require witnesses, beneficiaries, signatures, executors, and executors.
Here are four steps to creating a legally valid will in India
1. These essentials must be understood
2. The Testator should approve the final draft. If the Testator is unable to do it himself, a lawyer or another person can help.
3. Once the final draft has been completed, you should attach it with the signatures and seals of the witnesses and the Testator.
4. The final Will must be recorded and stamped in order to allow for asset distribution and property execution.
A probate is a certified copy of the will. The Court will grant a Probate to execute the will if there are no objections from family members or legal heirs. The execution, which proves the authenticity and genuineness of the will, can be performed.
How do I register a Will In India?
1. The Testator and Witnesses (two or more) need to visit the Sub-Registrar’s office and pay the required Government fee.
2. The Sub-Registrar should receive all required signatures. After a week, the registration will be complete. A thumb print can be taken if the Testator is not able to sign the document.
3. After a week, the registered will is kept under the custody of the Registrar so that it cannot be tampered/ destroyed/ mutilated/ or copied with.
4. Section 18 of the Registration Act allows for Wills to be registered, but it is not required. However, it can be beneficial to register a Will so that it cannot be altered. The Testator must give permission to execute the will, which is only accessible by the Testator.
5. The Will will only be made available to the person who has the Death Certificate.
FAQs about how to make a Will in India
A. How can an Indian attorney draft a Will?
A lawyer is needed to ensure that there are no ambiguities in the will and clear instructions on how assets will be distributed. While one can always make a Will by themselves, there are legal complexities that require legal knowledge. This is especially true when there are multiple assets or valuable money.
B. How do you execute a will in Court?
After the Executor’s death, the Executor will continue to carry out the process according to the will. This includes the distribution of wealth and property. It is not required to execute a Will in the presence of the Judicial Magistrates. It can, however, be executed in public notary in the presence of the Magistrate. This is beneficial for all the other rightful owners who wish to assert their rights.
C. Who can make a will?
Section 59 of the Indian Succession Act 1925 permits only those persons to make the will who are of:
1. Legal age
2. Sound mind
3. Free will
A person who is ordinarily unsound can also make a will during the phase of soundness or by the designated Legal Guardian. This section prohibits anyone from making a Will if they are under the influence of alcohol or in an illness.
D. What is a Probate?
A probate is a verified duplicate of a will signed by the Court. The Executor petitions the Court for probate, which would be issued only when the remainder of the lawful heirs do not oppose in line with that. Unless the Court has issued Probate, the executor cannot claim no rights. As a result, it is a vital document that may only be provided to the Executor. Legal expenses and stamp duty on the property or properties mentioned in the will must be paid. The charge of Stamp Duty varies by state.
E. Do you think it is important to register a Will?
Registering a Will is not necessary. However, if there is a registered Will, the Registrar’s office will retain the will and provide complete security if a Will is registered.
F. What is the price of will drafting in India?
The average cost of a legal professional is Rs.4,000-Rs.6,000. Expert counsels might charge a lump sum of Rs.10,000-15,000, but the document can be drafted without any legal counsel.
