Legal Process for Writing a Will
Writing a will is a legal process that ensures the distribution of property according to a person's wishes. In India, wills are governed by the Indian Succession Act, 1925.
Eligibility to Write a Will – A person aged 18 years or older can write a will. Mental health is essential. The will must be written freely, not under duress or fraud.
Format of a Will – The will must be in writing (oral wills are not legally valid). It must contain the name, address, and date of the will maker. Clearly state the correct details of the property and the names of the heirs. The terms and conditions for the distribution of the property must be clear. If appointing a guardian or executor, provide their name and details.
Witness Requirement – The will requires the signatures of at least two independent witnesses. Witnesses must read the will and verify that it was made by the testator's own will. Witnesses cannot be heirs.
Registration of a Will - A will can be registered at the Registrar's office, but it is not mandatory. Registration provides legal protection to the will and reduces the possibility of disputes. Registration requires the testator and witnesses to appear before the Registrar.
Amendment and Revocation of a Will - The testator can make changes to the will during their lifetime or revoke the old one by making a new will. A codicil can be added to make amendments.
Process of Execution of a Will - After the testator's death, the will is presented to the court. If there is no dispute, the will is implemented through the probate process. If there is a dispute, the court examines the matter and issues a final decision.
What can be included in a will? (What Can Be Included in a Will?)
A will can include all assets and rights of a person's legal owner. This can include movable and immovable property such as a house, land, bank balance, jewelry, shares, insurance policies, business, vehicle, etc. The will should clearly state the names of heirs and who will receive what property. If the testator wishes to appoint a guardian or executor, their name can also be added. Additionally, property can be allocated for charitable purposes.