Drafting of will in India

Drafting of will in India

Date : 02 Dec, 2019

Post By Adv. Jai Dixit

A will is a form of a legal statement made by a person about the way they want their assets to be managed. A will is a crucial document since it legally binds your wish and communicates how your assets must be distributed amongst your close and chosen ones after your death. This binding document ensures that your belongings are not passed on as per the laws of inheritance, which usually vary for different religions, but as per your choosing. 

Mostly delayed but nonetheless, this is a key document and must be made and constantly updated so that the ones you prefer get benefited after your passing away. There is no fixed format of will creation, however, to make a will, there is a certain pattern, that includes everything that needs to instilled to make it legally binding.

How to make a will

Declaration: It is advisable to start a will by declaring that you are of sound mind while creating this will and that who would be the executor of your will (preferably an advocate)? If you’ve created a will before writing the current one, then you should also include a statement revoking the previous wills and considering the present will, the latest and the most accurate.

List down all your assets: Moving forward, you should list down all your assets including any property in your name, money, deposits, shares and mutual funds, any object that you hold dear and objects that are valuable or priceless. Listing down everything could be a lot of work and may consume a lot of time but it is essential to do the same so that you do not miss out on anything. It is advisable to take help of an advocate who expertise in will drafting at this point so that you are sure you’ve not missed out on anything important here.

Dividing the listed assets: Now, you should clearly mention as to who would benefit from your assets and divide your assets amongst the beneficiaries by clearly stating which asset belongs to who. If in case you wish to declare a minor as a benefactor of your asset, then you must appoint a custodian till the minor comes of age. An expert lawyer can assist you in efficiently dividing your assets in a manner that maybe just to you and all.

Signing the will: The will must be signed in front of two witnesses. The witnesses will also have to sign and certify that the will was created and signed in front of them and there full name and addresses are mentioned on the will. An advocate can read your will, however, having a witness is important.

Each page of the will must have your and your witnesses signature along with the date and place where the will was signed. The will must have multiple copies and the original copy is stored safely in a place where no infringement of the same could be possible. A handwritten will holds more value than a typed will as it gives it more authenticity. There is no age bar as such to make a will. According to the Indian Succession Act of 1925, anyone who is of sound mind and who is not a minor can make a will.

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