How To Make A Will in India?

To Will Or Not To Will ... is the million-dollar question my dear lads! 

[Of course, if you have a million dollars, I'm sure you either have or will have a will...]

WHO SHOULD NOT WILL?

If you are a naive fool (with money), who believes your family is super-sanskari & doesn't want your gadi (and other movable & immovable assets) ... please log out, this post is definitely not for you.  

WHO SHOULD WILL?

1. If you have money 

2. If you have brains 

WHAT IS A WILL? 

1. It's a legal document;  

2. containing details about a person's property/assets; & 

3. information on who gets what;

4. after you DIE! 

Simple!!! 

WHY TO WILL? 

1. It is an inventory of your assets [lest your heirs cannot find that box full of gold coins you hid in your garden under the rose bush]

2. Stop in-fighting between "natural" heirs 

3. Especially important if you want to leave something to someone who is not a legal heir 

WHO CAN WILL? 

1. Age > 18 

2. Sound Mind 

WORDING OF THE WILL? 

You don't need to incorporate legal or technical jargons in the will. You just need to word it such that your intentions (of what to whom) are clear. CLEAR INTENTIONS!!! Is that clear?!?

HOW TO WILL?

1. Prepare the will (don't forget to list all your assets/appoint the executor/distribution between heirs/others)  

2. Sign the will in front of witnesses [remember, a beneficiary cannot be a witness]

 

NUMBER OF WITNESSES REQUIRES? 

> = 2 witnesses {i.e. Two or more witnesses} 

REGISTERED OR UNREGISTERED?

1. Both allowed 

2. Not compulsory to register 

3. Registered Will = Strong [evidence]

4. Unregistered Will = Weak [evidence] 

Remember, doubts can always be raised in case of an unregistered will. 

However, remember that suspicion can be raised even in case a will has been registered. 

HOW TO REGISTER?

1. Visit office of a sub-registrar (along with witness

2. Pay registration fees 

PROBATE -- PROVE THE WILL!!! 

The word "Probate" comes from the Latin word, probare or probatum, which literally means "to prove". Thus, after a person dies -- irrespective of the fact that the will is registered or not -- the will needs to be PROVED. 

Therefore, 

1. Your executor will have to file a probate case {after you die} [Remember: Probate is granted only to an executor appointed by the Will] 

2. They will have to prove the will [registered & unregistered both]

3. Your executor will thereafter distribute your property as per your wishes

SAFE CUSTODY

1. Unregistered will - you can keep it either in a bank locker/ almirah locker/ or even under your pillow

2. Registered will - you have the option to keep it -- SEALED -- with the registrar, for safe custody

Advantages of keeping it with the registrar: The will won't be 1) Lost, 2) Destroyed, 3) Stolen or 4) Tampered

ADDITIONAL NOTES

1) Revoking a will can be both voluntary or involuntary  

2) You can revoke/change your will as many times as you want [voluntary - by choice]

3) Some revocation is by law. For example, if you get married... the earlier will is revoked. You need to make a new will [involuntary - by law]

4) Every time you get married again, the previous will gets revoked. So either marry less, or be prepared to make lots of wills 

5) Only the LAST WILL is enforceable 

LAST WORDS ... WILL POWER!!!