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A Will is a legal document – it is a declaration of a person’s will on the document that concerns the distribution of assets, money, etc. after their death. It comes into effect only after a person’s death. Whoever is the heir of the will be able to make the decisions based on wealth, property, and assets.
The Will format for writing one can be handwritten or typed. There must be a witness to this will, a signature attesting that the owner of the will is the same as the person willing to allocate their assets to the sole or multiple heirs.
If your questions are, “How do I format a will?” or “How to write a Will format” – there is no prescribed format. As long as the allocation of assets is mentioned with attestation, it is a valid document.
The Will can be edited and altered prior to the person’s demise.
1. Privileged Wills are those made by people who work for the country; consider their work as a service to the Nation – like Mariner, Soldiers, Airmen, etc. They do not have legal formalities and can be carried forwarded orally or in a written format. They carry forward such wills when people have to fight in a war zone. This is considered to be their ‘what if’ or ‘worst-case scenario’ option.
2. Unprivileged Wills are for the other types of Wills. Procedures like verification of signatures, witnesses being present, and attesting to the document must adhere.
Is there any format for writing a will?
Well, that is a yes and no type of answer.
According to Section 59 from the Indian Succession Act, 1925, any person who is of
In addition, a person with an unsound mind can draft a Will, but during the time they have a sound one. A person in such mind cannot comprehend the Will or consequences of the Act.
The subsequent process is a Probate of a Will. It is a legal document and certificate that speaks to the genuineness of the declaration. The certificate can be received by filing a petition. If the whole thing is going smoothly, the Court will supply a Probate to perform the goal of the Will.
The Will must keep the beneficiaries in mind and must be preserved. The registration process must be moral, ethical, and legal, having a documentary presence and ensuring the legal validity of the unprivileged Will. If you are interested in how eSahayak can help you draft a will:
The laws and rules that must be adhered to while transferring the possessions of the Will are as follows:
In the Indian Legal context, the laws responsible for the transfer of assets are:
1. The Indian Stamp Act, 1899
2. The Indian Registration Act, 1908
3. The Code of Civil Procedure, 1908
4. The Indian Succession Act, 1925
Wills ensure peace and harmony amongst family members. This prevents disputes amongst legal heirs and distributes one’s possessions and belongings based on their wishes. The distribution of said assets can be done in strict proportion amongst various family members, associates, friends, etc.
The executor of the Will is the person who will outline, provide a summary, and keep a lookout for the entire process. The executor must not be the beneficiary of the Will, but can be a friend or family lawyer. If one is not able to find or appoint an executor – the court will appoint an administrator to conduct the responsibilities of an executor.
It is not crucial to register the Will, that decision solely lies on the testator. In spite of this, if the document is recorded and registered, the proof is that, it is in safe hands. The Will cannot be forged, edited, and revoked by another party. The testator can pick to make a video in which they study the Will before a camera. All this is an addition towards making the Will legit.
If the Will is registered, and if it is going to be tampered with, or lost – a certified copy of the Will can be obtained and made a clear distinction out of.
Furthermore, in addition to the above, a registered Will can be utilized to edit entries, before a Probate is acquired.
The immovable and movable assets, that are,
While drafting a Will, two witnesses who are above the age of 18 and who are of sound mind must attest their signature. Now, if there is an instance, in which a witness dies then the beneficiary of the Will may have to prove that the witness signed it before their demise.
Due to various possible scenarios, it is suggested that there be an executor, registrar, and administrator that overlooks the process of the Will.
In India, legal professionals may charge Rs. 3000 to Rs. 7000 to attest and make a Will. Experienced Counsels may charge Rs. 10,000 to Rs. 15,000.
It is possible to avoid Probate of a Will, but not advised to do so.
On a different note, a handwritten Will is legal in India, but it must be legible and should follow the format of Will writing. If a Will consists of the essentials in a traditional or digital format with the intention of the testator stated – the Will is valid. The essentials are the property data, biodata, and beneficiary data.