Will - Simple yet complex.

 

WILL

The Indian Succession Act, 1925 Section 2 (h) defines Will.

“will” means the legal declaration of the intention of a testator with respect to his property which he desires to be carried into effect after his death. 

The Will is a document wherein the person making such a document states his intention as to whom his property/shares/assets etc. shall devolve after his/her death. There may be multiple wills but the one that is held legal is the last will of the testator/testatrix. A will can be made by any individual who is competent to make a will. A person competent to make a will is someone who is major and is of sound mind.

The document of Will under the provisions of law need not be compulsorily registered however, it is always advised to register your will.

The person who makes a Will is called the testator / testatrix and the persons receiving benefits are called beneficiaries.

The Will must state the permanent address, the temporary current address if any of the testator/testatrix, his age, details of his identity card, nationality, etc.

The Will must be signed in the presence of two or more witnesses preferably the witnesses must be persons who are known to the testator/testatrix and must be competent to be a witness. In the Will before the sign and thumb impression of the witness must contain the words "IN PRESENCE OF", which thereby could indicate that the Will is signed in presence of the witnesses.

 

The Will may contain an executor who may be appointed to administer the Will.

A detailed description of each asset must be mentioned and each property must be given to any such person to whom the testator/testatrix so desires.

A residuary clause needs to be added to the Will.

The Will shall be made with legible writing and if typed shall be easily readable.

In case if the person making a Will does not wish to give his assets to any such person who would naturally be inheriting such assets [ class I  heirs] then in such scenarios it is better that the reason is so mentioned in the Will itself so as to avoid litigation if any arising out of such Will.

It is advised that each page of the Will must be signed by such a person making Will.

Keep the language of the Will as simple as possible.

 Article only for the purpose of education.