What is will
In terms of how property is devolved after death, man rules from beyond the grave. Wills describes the intention of a person (testator) and the plans he has for the property he acquired throughout his life.
Who can make a will
The Indian Succession Act, of 1925 mentions a person who is capable of making a will in Section 59.
- Having a sound mind
- Making a will is possible for anyone over 18 years old in India.
- A person who considers bequeathing (giving their property) to someone close to them and who cares for their comfort.
How to make a will in India
The format of a will in India is not fixed. For the purpose of writing a will, no court papers or formats are required. On an A4 sheet of paper, a will can be written. The only requirement for a will to be formally called a will is the signature or thumb impression of the maker along with the signature or thumb impression of two witnesses.
In India, is it possible for anyone to draft their own will
Any person can write their own will in India, not just me or you. A draft will do not require the expertise of an advocate.
When writing one’s own will, there are a few technicalities to consider.
- You should choose your words carefully and with the utmost caution. The fundamental rule is to determine the intent from the words used in the will. The surrounding circumstances are only used to determine the intended meaning of the words that have been used.
- Make sure your intentions are clear. When there is a conflict while construing the language of the will, the court puts itself into the testator’s armchair and judges the situation while considering factors such as the testator’s position, his family relationship, the time when the will was drafted, whether or not the testator was taking his last breath when drafting the will, and many more such surrounding circumstances.
- Where two clauses are incompatible or opposing each other in a will, the subsequent clause prevails. There may be several clauses in a will, and the last clause may be in conflict with the previous clause. When such a situation arises, the testator’s last intention prevails. Whenever there are two inconsistent provisions in a will, the latter shall prevail. To illustrate this provision, if a man gives a house to A at the beginning of his will but directs that the house be sold and the proceeds be invested for the benefit of B at the end of the will, the latter disposition will prevail.
- All claims in the will must be harmoniously construed and given effect.
- What is the best time to make a will? When a person attains the majority, he can make a will, but a will is comprised of the assets he accumulates over his lifetime! A person should make a will when he is in his mid-50s. By then, a person has accumulated most of his wealth. Only early care should be taken of one’s assets. Legally, waiting until you are too old to write a will is not recommended. During the interpretation of a will, the court considers various factors, including the age at which the will was declared.
After declaring a will, appointing an executor
The next step is to choose executors who will carry out your wishes after you pass away. Executors or trusted individuals will ensure that the will is distributed in accordance with the testator’s wishes. Executors can be anyone, from doctors to lawyers to neighbors. Executors must be free of any claims over the will, and this is the only important criteria
Registration of the will
The Indian Registration Act, 1908 specifies that registering a will is optional. In spite of the fact that registration of the will is optional, no adverse inference can be drawn because it is not registered.
Who can get the will registered
Registering a will can be done by the testator or by the executor after his death.
The importance of registering a will
It is recommended that a testator registers his will under the provisions of the Indian Registration Act since it removes all doubts pertaining to the will. Registering a will eliminates all future ambiguities and hindrances.
How to draft an online will or E-will
Making a will has become easier than ever before thanks to technological advancements in the field of law. There is also the option to make an online will or e-will or digital will, which is just as binding as any ordinary will. After death, it provides a digital record of one’s assets, investments, properties, and to whom one wishes to leave money, property, and other assets. The process is safe, secure, and time-saving. It is possible to prepare an online will in as little as 30 minutes.
The steps required for creating your e-will are
- A registration form can be found on the website of any service provider.
- Fees must be paid. Depending on the service provider.
- It is necessary to complete the online form provided and prescribed by these service providers.
- Add details about your family members and assets.
- A draft of your will be prepared by an experienced lawyer.
- You will receive a rough draft via email at your registered email address.
- You will be notified of any changes you need to make to your rough draft before your final draft is drafted.
- The final draft will be sent to your doorsteps with instructions on how the testator and two witnesses should sign the will.
Read More: