Will Preparation in India – How to Make Will
The property of a person must pass to the legal heirs in accordance with the current legislation on inheritance.
When drawing up a will, a person decides at his own discretion who will be the legal heir, what share of the inheritance each of the legal heirs will inherit, and also completely excludes any legal heir (with certain exceptions).
Essential Features of the Will
A will is a legal barrier to the inheritance of property. When creating a will, we:
a. Choose a beneficiary – one above the other;
b. Ensuring succession in an Effective Way
Making a will can be a simple process under professional guidance and includes the following general but important aspects:
Understanding Executor
The testator (the person who made the will) may appoint an executor in the will. Performers are obliged to follow the instructions of the Will.
The executor is expected to distribute the property of the deceased among the beneficiaries. In addition, he is also authorized to collect and sell the property of the deceased and pay debts. The executor has the right to file a petition for obtaining a will (evidence) of a will in court.
There are no special instructions for the appointment of the Contractor. Appointment occurs solely at the request of the testator.
It may be noted that any person appointed by the Contractor may refuse to act as such. If he refuses to fulfill the required obligations, he cannot be forced to do so.
There may be more than one performer. And even the beneficiary can be appointed by the Contractor. The Contractor may be a lawyer, law firm or company.
In the event that the Contractor is unable to act or refuses to act in his capacity, the Court appoints the Administrator at the request of the interested persons / beneficiaries.
Understanding Beneficiary
The beneficiary is the person specified by the testator in the will to receive benefits from the estate. The testator has the right to transfer his property to any person.
However, it is important to note that such wills must be beyond suspicion. For example, in a case where the persons testifying as witnesses were not close enough to the testator to enjoy his trust, and these witnesses were not independent, but were interested in the beneficiary under the will, the court considered this to be a suspicious will.
Witnesses
There must be at least two witnesses to the will, each of whom must have seen the testator sign the will. Witnesses must put their signatures in the presence of the testator.
Registration
Under Indian law, registration of a will is not required at all. Registration of a will is possible on the part of the testator.
As far as the legality of a registered and unregistered will, authenticity is on the same level. However, registering a will has a number of advantages. So it is desirable to do so.
Any testator can make a will on a regular sheet of paper. After that, he can register it with the appropriate registrar. The benefits of a registered will are many. Once registered, a will is not lost and cannot be destroyed, stolen or altered.
If the will is unregistered, there may be speculation and disputes about its authenticity. When the testator goes to the registration, he is accompanied by witnesses.
In accordance with practice and procedure, the Registrar verifies the will and obtains the signatures and thumbprints of the testator and witnesses. They establish the integrity of the document.
Since the will is a privileged document, it cannot be verified by any person. During the life of the testator, the will can be considered only with his consent.
Only after the death of the testator, a certified copy of the will, stored in the registry office, can be issued upon presentation of the death certificate of the testator.
If it is necessary to change a will after registration, it is advisable that any changes to a registered will be made only in the form of a registered document in the form of a will or a codicil (a document that changes an existing will).
From this point of view, the execution of a will may be disadvantageous. This is because the modification, if required, requires registration again and again.
Making a Will After Death
There is a provision in the Registration Act 1908 that a will may be registered even after the death of the testator.
Such a will executed by the testator may be registered with the registrar by the executor or beneficiaries. To do this, an application can be submitted to the registry office along with the original will and death certificate.
The secretary is obliged to record the testimony of witnesses. After verifying the authenticity, the official can register it.
Note. It is important to remember that there have been many legal battles in our courts due to the improper drafting, execution, and certification of wills, and these could easily have been avoided by seeking professional help.
Experts advise video filming the execution of the will in the presence of a family doctor and a certificate from a doctor confirming the mental health of the testator at the time of the will.
