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Nov 294 min read

What Should You Know About Creating A Will?

A Will In India Is A Legal Document That Tells The Legal Heirs How Property And Other Possessions May Be Dispersed Upon The Death Of The Executor Of The Will. It Comes Into Effect After The Property Owner Passes Away; It Is Crucial, Therefore, To Know How To Write A Will In India. Though A Will Is Regarded As A Legal Document, There Is No Particular Form. However, One With A Sound Mind And Major Can Write A Will In India. The Elements Include The Existence Of An Intention, Details Of The Testator, Assets, The Beneficiary, The Executor, The Signature Of The Testator, And Proper Verification In The Presence Of Two Witnesses.

Importance Of Will


  • Dying Intestate Often Leads To Complexity In Legal Issues. According To The Laws That Govern The Country, Inheritance Laws Differ Depending On One's Religion In India. Their Law May Distribute Their Assets According To Their Will Or Religiously Inspired Way, Which May Not Necessarily Reflect Their Wishes. By Making A Will,  You Get To Decide Who Inherits Your Assets, Potentially Avoiding Legal Battles And Ensuring Your Wishes Are Respected.

  • Inheritance Can Carry Tax Implications. A Well-Structured Will Can Aid In Efficient Tax Planning, Allowing Your Heirs To Benefit Fully From Your Estate. Understanding These Tax Obligations Ahead Of Time Can Save Your Family From Unexpected Financial Burdens.

  • Preparing A Will Ensure That Your Assets Get Transferred According To Your Individual Specifications. It Can Provide Clarity In Times Of Concern And Minimize Contest Over Wills And Also Make It Easier To Transfer Assets, Which Could Provide More Peace Of Mind For Yourself And Your Family.


What Should You Know About Creating A Will


  • The Will Must Start With The Declaration That The Testator Is Of Sound Mind And Names The Executor Who Is To Carry Out Their Instructions. A Person Who Is Abnormal Or Lunatic Cannot Make A Will For Anybody. People With Alzheimer's Can Also Make The Will, Only On Condition That They Can Make It When They Are Writing It.

  • It Must Be Written, Not Oral Many Jurisdictions Require It To Be Handwritten Or Typed, While Some Accept Wills Typed And Printed By Others As Long As You Sign It. The Testator Must Make A List Of All Their Assets, Including Property, Savings Accounts, Term Deposits, And Mutual Funds. The Will Must State In Writing Who Will Receive What Assets, Including A Custodian For Kids.

  • The Will Has A Testator, Beneficiaries, Executors, And Trustees. A Testator Is A Person Who Creates The Will. Beneficiaries Include Members Of Their Family, Friends, Or Charities. Executors Will Ensure That Your Will Is Carried Out Exactly As You Intended. Similarly, Trustees Manage Any Trusts You Set Up.

  • Many Jurisdictions Require That You Sign A Will And That It Be Witnessed By Two People Who Are Not Beneficiaries And Competent To Testify In Court. Each Witness Is Required To Provide His Or Her Date, Full Name, And Addresses In The Will.

  • The Testator And Witnesses Should Sign All Pages Of The Will. Any Codicil To The Will Must Be Signed By The Testator And By The Witnesses. The Original Will Must Be Kept In A Safe Place, And Copies Must Be Kept In A Separate Location If Any Are Created.


Types Of Will


  • Concurrent Wills Are A Type Of Will Where A Person's One Will, Or Two Wills Are Written By Themselves To Provide Information Regarding The Disposal Of The Properties For Convenience. Furthermore, One Will Remove Immovable Properties While The Other Removes Moving Properties. Finally, The Will Allows You To Dispose Of Any Superfluous Properties You Own.

  • The Testator Handwrites The Holographic Will Themselves. These Kinds Of Will Cannot Be Disapproved Of By Anyone. However, It Is Considered Essential That Language And Intent Be Clear Rather Than Ambiguous.

  • Under Unprivileged Will, Any Individual Except Hostile Forces Can Perform Unprivileged Will. It Is Expected That They Follow These Requirements: The Testator Must Sign The Will. Some Other Person Is Allowed To Sign The Will In The Presence Of The Testator. The Signature Is Necessary For The Will To Be Valid. Two Or More People Who Witnessed The Making Of The Signature On The Will Are Allowed To Testify About It. No Special Authentication Is Needed.

  • Under Privileged, For The Time Being, Air Force Officers, Sailors, And Soldiers Are Covered By A Privileged Will. The Following Rules Apply To This Specific Will: If The Will Is Penned By The Testator Himself, No Attestation Is Required, It Can Also Be Written By Others But Even In This Case, Even Though It's Not Attested, It Still Has To Be Signed By The Testator In That Case, If A Document Is Not Signed By The Testator But Was Written By Someone Else, It Must Be Proven That The Writer Acted Upon The Instructions Of The Testator.


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