How to make a Will in India?

How to make a Will in India?

How the Will is made?

  • A will can be made/written by anyone during his lifetime, and the will can be registered.
  • The Will is not a mandatory registrable document under Section 18 (e) of the Registration Act, 1908. A Will can either be registered or not registered by the Testator.
  • A will can only be implemented after the Testator’s death. During the lifetime of the testator, a will should not be referred to or cited as an evidence.
  • It is even possible to write a Will on a piece of paper.
  • In Hinduism, self-acquired property may be bequeathed. According to Section 30 of the Hindu Succession Act, 1956, he can also bequeath his share of a coparcenary estate.
  • It is possible for a Testator to revoke his Will at any time. It is also possible for him to modify his Will at any time. The Will can be modified as many times as you like.

What should a Will contain?

  • A Will must be signed by the Testator. The Will must be signed by him unless he is unable to do so. The Will may be signed by someone else on behalf of the Testator if the Testator is incapable of doing either.
  • At least two witnesses must attest the will. Witnesses’ names, ages, addresses, and signatures should be included in the Will.
  • Property descriptions must be sufficient in order to make it easy to identify the bequeathed property.
  • The Will should clearly state who will execute it.
  • A Doctor’s Certificate should accompany the Will, stating the Testator was in good physical and mental health during the execution of the Will. You may include the Certificate in the Will itself as if it were part of it.
  • When revoking an earlier Will and making Will, such recitals should be prominently included.
  • The Will made at a later date is considered valid if the deceased Testator made more than one Will.

Who can make a Will?

  1. Individuals who are of sound mind and are majors;
  2. Regarding the self-acquired properties of a Hindu married woman;
  3. When a person is deaf or dumb or blind, he can understand what he is doing;
  4. A person who is normally insane but is of sound mind for an interval of time.

However, a person cannot make a Will while intoxicated, ill, or in any other state of mind in which he doesn’t understand what he is doing.

What are the types of Will?

  1. Will Holographic – A Will that was entirely written in the handwriting of the testator is referred to as a Holographic Will.
  2. Registered Will – A registered will is one that is registered under section 17 of the Registration Act.
  3. Will deposited – According to section 42 of the Registration Act, testators may deposit their Wills in sealed envelopes with the Registrar of Assurance. In such cases, the will is referred to as a deposited will.
  4. Joint Will –Joint Wills are made when two or more Testators make a Will in a common document, as to how their respective properties will be distributed after their passing. In the event of the death of one of the joint testators, the Will shall only be effective in relation to the property of that testator.
  5. Mutual Will – In a Mutual Will, two testators make a Will in such a way that, if either of them dies, the property passes to the other.

Read More:

  1. Will Registration India

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