Table Of Content
- What is Will in Indian Law?
- Documents required to make a Will
- Procedure to make a Will in India
- Who can make a Will in India?
- Cost to make a Will in India
- Is the Executor necessary to make a Will in India?
- Is a Handwritten Will legal in India?
- Frequently Asked Question
The word “Will” itself means someone’s wish to give out their belongings in the form of property & assets to their loved ones in their absence from this world. The government gave out a friendly hand towards its citizens by making this true on paper. People can make a Will when they are physically liable and have passed the criteria level to write a Will. Though People are not into law & order and neglect most of them so normally they are updated about the powers they hold. There are a number of instruments that people should be aware of and one of them is Will which is indeed very much a privilege here in India.
What is Will in Indian Law?
Will is a document that can be easily prepared on blank paper. In that particular piece of paper, the testator writes the distribution of his assets & property. Mentioned assets and property can either go to his family and friends or with his wish he can transfer that to an orphanage or in trust.
A living person may write a Will outlining the actions they want to take before the event of their passing. Many consequences arise, since the person who wrote the Will will not be there to clarify the meaning of his or her wishes, this is a challenging undertaking. The assets, connections, and other factors frequently change from the time someone forms a Will and when they pass away, adding to the complexity. As a result, the Will must endure the test of time.
What are the Documents required to make a Will?
No documents are required for Will in India nevertheless to get it Registered there are a few documents that need to be submitted. The documents for registration of a Will are
- Aadhar Card of Testator
- Aadhar Card of Witnesses who are mentioned in the Will,
- The parties should be present there (Testator & Witnesses)
You also need to show the Property papers to verify whether the property and assets are of the testator or not. Well, it’s compulsory to show the deed writer or advocate who is drafting your Will. If you go to register the Will then it depends upon the registrar, if they ask you to show it then you need to else to the registrar it is not a compulsion.
What is the Procedure to make a Will in India?
Eventually, you can create a Will on plain paper on your own. Simply penning down the contents and taking it to the court for further process. But the exact procedure to make a Will in India are:
Offline Process to make a Will in India
Either you can opt for the offline method or you can choose making a Will online in India. During the Offline process:
- The person has to prepare a Will by visiting any nearby deed writer or Advocate with 2 passport size photographs (only of the person who is making the Will) and 2 Aadhaar card photocopies of the Two Witnesses.
- By giving out the contents of the Will on a Blank paper to the concerned official person a draft is prepared then,
- You can visit the local Sub-registrar Office to get your Will registered. Lastly, they will let you know the perfect time when the Will comes into action.
Online Process to make a Will in India
The next procedure to make a Will in India is through Online websites which you can make Will in India and do not need to visit anywhere. The process to make a Will in India Online is:
- Here, The rules of making a Will is that firstly you need to fill out the details in the form and create a Will.
- The draft Will be prepared by the online website whichever you prefer.
- Then you need to get it registered! Online registration is possible for a few States only the same is with the offline process also. So those States where Online Registration can not be availed then need to go to the sub-registrar office for registration.
Hence, they will notify you for the further procedure.
Who can make a Will in India?
There is a myth that has been circulating in the past that people who are in their Aging tenure are required to create a Will. However, this is not true if your age is above 18+ then you are eligible to make a Will in India.
How much does it Cost to make a Will in India?
The charges for making a Will in India can be quite expensive for some and for some it is not. Though it varies from State to State. The cost to make a Will goes up to 15,000 and more depending upon the requirements of the Testator. The cost to make a Will actually includes the preparation of the Will, plus the registration charges. For example, in Delhi, the registration charges are 600, or else it varies from State to State.
Is the Executor necessary to make a Will in India?
Before getting to this point of necessity first let us clarify thing who is an Executor? So if you want someone to be in charge of managing your affairs after you pass away, you name them as an Executor in your Will.
And No, it is certainly not required to mention an Executor in the Will without it notwithstanding an Executor is necessary to probate the Will since only those who have been chosen by the deceased to serve as Executor under a Will may apply for or get probate.
Is a Handwritten Will legal in India?
Indeed, in India, handwritten Wills are legal. They must, however, be understandable and adhere to the requirements or requirements of the Will. While writing a Will the Testator needs to write ‘last and final Will’ on the first page at the start only. It is compulsory to write this statement even if you make the Will multiple times. This procedure to make a Will in India can be done even without a lawyer in India. Since it will be you who would be writing it and when the time for execution comes there a lawyer might be needed.
Creating a Will in India is a significant legal procedure that needs careful thought and attention to detail. By taking the necessary steps, individuals can ensure that their assets are distributed according to their wishes. This helps them protect their loved ones in the event of their passing. It is important to regularly review and update one’s Will to reflect changes in personal circumstances or changes in the law.
Frequently Asked Questions (FAQs)
To create a Will the person has to add up the information on the blank piece of paper. Such as the personal details of the Executors (to whom the Will is presented), distribution of assets and property, etc. There can be end number of reasons for which you want to use that Will for.
There is no question of notarizing a Will since it cannot be done. Even if you try to get it done anywhere it won’t be worth it. That is why wherever you ask they will notify you that registering your Will be more beneficial than notarizing it.
Until and unless the Will is not executed legally till then it is valid. In short, the rules of making a Will is that it does not have a validity date, once executed then the validity doesn’t matter.