A will is a legal document that communicates how a person wishes to dispose of his property on account of his death. A person may make multiple wills but the one which is held valid and relevant is the last one made before his death. When you don’t want your properties to devolve as per the laws of inheritance but as per your wishes will help you in achieving that.
Eligibility for making a Will
In India, any person who is 21 years of age or older is allowed to make a will.
Who makes a Will?
The person who makes the will is called either a Testator or Testatrix depending upon their gender.
Advantages of a Will
Prohibits family disputes
Property is shared as per the wishes of the creator of the will
All assets are revealed
Business legacy remains intact
Charity (if you made any or want to donate your entire / part of properties).
Different types of Will
Yes, there are different types of will, they are as follows:
Unprivileged: The type of will which can be executed by everybody except soldiers engaged in war. There are certain rules associated with this type of will they are as follows:
Must be signed by the person making the will or any other person authorized by him in his presence.
Signature is compulsory.
Attestation of 2 or more witnesses who have seen the signature on the will.
No special form of attestation is required.
Privileged: This will is applicable to soldiers, seamen and officers of the air force. The rules which are associated with this are:
The will must be written by the person making it and in such a case no attestation is required.
It can be written by someone else on his behalf as well but then the signature of the person for whom the will is being made must be there.
If written by someone else, then it must specify and prove that writing was as per the instructions of the person who is originally making the will.
If the armed forces personal couldn’t register his will then any instructions made by him and written down shall be considered as his legal will.
After a period of one month, the will of mouth becomes null.
Holograph will: A will which is made entirely in the handwriting of the testator.
Concurrent wills: As a general rule, a person must have one at a time in order to be the final and relevant one but if a person has multiple properties then he may dispose of the other properties with a separate will, such wills are concurrent wills.
Duplicate wills: A duplicate will hold no legal value but is made to check the authenticity of the original will. A person making a will may make two wills one being the original other being the duplicate. Original is usually with the possession of the trustee, beneficiary or with the testator himself while the duplicate is kept someplace else.
Contingent Wills: These types of will have a clause which states that upon the occurrence of a certain condition such a will would come into effect. If such an event does not happen such a will is considered invalid.
Oral Wills: Oral wills are those types of wills which are not written and made verbally. They have much lesser authority compared to handwritten wills and are recognized only in certain cases and fear of death.
Register a ‘Will’ in India
Before the process of registration is discussed it is very important to note that there are certain rules which need to be compiled so as to be eligible for making a will. They are:
The testator must be 18 years old.
The testator must not be mentally challenged while making the will.
Testator, if is visually impaired or vocally challenged, can draw up a will as per the Indian Succession Act, 1925.
If possible then a doctor and an advocate should be present as the witnesses because they vouch for mental stability and capacity.
Procedure for registration:
Draft a will by consulting a legal expert of Taxolawgy.
Make an appointment in Sub-registrar office for registration.
Make a payment of registration fees.
Visit the sub-registrar office with two witnesses.
Collect the registered copy in a week.
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