Will Drafting
A Will Deed is a legal document that declares a person's wishes regarding the distribution of their assets after their demise. It ensures that the testator’s (person making the Will) property is passed on to the rightful heirs without disputes. A Will can be revised or revoked anytime during the testator’s lifetime.
Will Deed Drafting : A Complete Guide
A Will Deed is a legal document that declares a person’s wishes regarding the distribution of their assets after their demise. It ensures that the testator’s (person making the Will) property is passed on to the rightful heirs without disputes. A Will can be revised or revoked anytime during the testator’s lifetime.
Key Features of a Will
Voluntary Declaration
The Will must be made voluntarily without coercion or undue influence.
Details of the Testator
Full name, age, address, and mental fitness declaration.
Details of the Beneficiaries (Heirs/Legatees)
Names, relationships, and details of those inheriting the assets.
Description of Assets
Clearly mention movable (cash, jewelry, shares) and immovable (house, land) properties.
Executor Appointment
A trusted individual should be named as an executor to manage the distribution of assets.
Guardian for Minors (If Applicable)
If any beneficiary is a minor, appoint a guardian to manage their inheritance.
Witness Signatures
A Will must be signed by at least two witnesses who are not beneficiaries.
Date and Place of Execution
To establish the authenticity and legal validity of the document.
Types of Wills
Unregistered Will: A Will does not require registration but must be properly signed and witnessed.
Registered Will: Registering a Will at the Sub-Registrar’s Office makes it legally stronger.
Holographic Will: A handwritten Will by the testator without witnesses.
Conditional or Contingent Will: Becomes effective only upon the occurrence of a specific event.
Legal Requirements for a Valid Will
The testator must be above 18 years and of sound mind.
The Will must be signed by the testator in the presence of at least two witnesses.
The witnesses should not be beneficiaries in the Will.
The Will must clearly identify all heirs and assets.
Procedure for Drafting a Will
Draft the Will
List out all assets and beneficiaries.
Clearly state the proportion of distribution.
Appoint an Executor
Choose a trustworthy person to execute the Will after death.
Sign in Presence of Two Witnesses
The testator and witnesses must sign each page.
Optional Registration
Visit the Sub-Registrar’s Office to register the Will for added legal security.
Safe Storage
Keep the Will in a safe place and inform trusted persons about its location.
Frequently Asked Questions( FAQ) on Will drafting
1. What is a Will Deed?
A Will Deed is a legal document in which a person (testator) expresses how their assets and properties should be distributed after their death.
2. Why is drafting a Will important?
Drafting a Will ensures that the testator’s assets are distributed according to their wishes, avoiding disputes among legal heirs.
3. Who can make a Will?
Any person above 18 years of age, of sound mind, and free from coercion or undue influence can make a Will.
4. What should a Will include?
A Will should include:
Details of the testator (name, age, address, etc.)
Declaration of free will
List of assets and properties
Details of beneficiaries
Executor’s name (person responsible for executing the Will)
Signature of the testator
Witness signatures (at least two)
5. Does a Will need to be registered?
Registration of a Will is not mandatory but is recommended to prevent disputes or claims of forgery.
6. Can a Will be changed or revoked?
Yes, a testator can modify or revoke a Will at any time before their death by drafting a new Will or issuing a codicil.
7. Can a Will be challenged?
Yes, a Will can be challenged in court on grounds such as fraud, undue influence, lack of testamentary capacity, or improper execution.
8. What is the role of an executor in a Will?
An executor is a person appointed in the Will to ensure that the testator’s wishes are carried out as per the document.
9. What happens if someone dies without a Will?
If a person dies intestate (without a Will), their assets will be distributed according to the applicable succession laws, which may not align with their wishes.
10. Is a handwritten Will valid?
Yes, a handwritten Will is valid if it meets all legal requirements, including proper signatures and witness attestations.
11. Can a Will be made online?
Yes, a Will can be drafted online, but it should be signed and witnessed physically to be legally valid.
12. What are the common mistakes in Will drafting?
Lack of clear details about assets or beneficiaries
Absence of witnesses
Not appointing an executor
Failure to update the Will after major life events
13. Who should keep the original Will?
The original Will should be kept in a safe place, with a trusted person or legal advisor, and the executor should know its location.
Would you like help in drafting a Will Deed as per your requirements?