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MAKING OF A WILL

WHAT IS A WILL?

It is a legal document under which a person gives a legal declaration

of his intention that comes into effect after their death. A declaration under will is revocable and can be altered by the testator till the time

he is alive.

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Our experienced professionals will draft whichever document you need, tailored to your business requirements. We offer every client  a free consultation call to

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Let us draft a Will for you, personalized and customized according to your specific needs.

TYPES OF WILL

There are different kinds of will but not all are practised in every state. There are 2 main types of will which are described under Indian Succession Act, 1925 which are as follows:

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1. Privileged will

Privileged will is defined under Section 65 of the Indian Succession Act, 1925. They are made by soldiers who are employed in expedition or war like situations, any airman who is employed or engaged, and a mariner being at sea. This type of will is
made by writing or in an oral form. A will made in oral form needs to be made in presence of 2 witnesses. 

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2. Unprivileged will  

Unprivileged will is defined under Section 63 of the Indian Succession Act, 1925. It is made by any person, not being a soldier employed in expedition or war like situation, any airman who is employed or engaged or mariner being at sea. This type of will includes several legal formalities including verification of signature of the testator, attestation by witness etc.​​

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ESSENTIALS OF WILL

01

Legal declaration of intention by the deceased person

02

Execution takes place after

the death of a person

03

Declaration given by the person involves distribution

of his property and assets

04

A will can be revoked and altered by the testator till

the time he is alive

WHO CAN MAKE A WILL

Any person who is of sound mind and has attained the age of majority can make a will. A person in a state of intoxication and illness is prohibited from making a will.

HOW WILL IS MADE 

As there is no prescribed format to make a will, a person can make a will in his own language and in any format he may think suitable by mentioning all the essentials required for a will. As an advice, a person may consult a family advocate before making a will.

EXECUTION OF A WILL

A will is executed by signature of the testator in presence of two witnesses along with their signatures. For the proper execution of a will, it is beneficial to get it registered and properly stamped.

FAQ's

Q

A

Why should a person make a will?
A person should make a will so as to avoid disputes amongst his legal heirs related to
distribution of assets and property post his death.

Q

Who is the executor of a will?

A

The executor of a will is a person appointed by a testator whose duty is to see that
such will is executed as per the directions of the testator.

Q

What happens to assets and property if a person dies without making a will?

A

If a person dies without making a will then his assets and property will be distributed
amongst his legal heirs as per the Indian succession laws.

Q

A

Is it important to register a will?
No, it is not compulsory to register a will.

Q

A

Who can be an executor of a will?
An executor is generally a nominee or a beneficiary chosen by the testator.

Q

What are the advantages of getting a will registered?

A

Advantages of getting a will registered are as follow:

1. Where an original will is lost or destroyed then a copy of will can be obtained from the
office of the Sub-Registrar.

2. In case where it is observed that any unauthorized alterations have been made, a copy of
the will can be obtained from the office of the Sub-Registrar.

Q

Who can be a witness of a will?

A

Any person who has attained the age of majority (18 years or above) and is of sound
mind can be a witness of a will.

Q

What happens to the validity of will, if one of the two witnesses dies?

A

There will be no effect on the validity of will but yes, it can create a problem for legal
heirs to prove that such will was made by consent of both the witnesses without any coercion
or pressure before death of any of them.
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