How to make a Valid Will in India ?

A Will is the formal declaration of the testator's wishes with regard to his or her property and assets. The individual who drafts the will is referred to as the Testator. The Testator indicates in the statement that he or she wants to distribute wealth after passing away. It is crucial to comprehend the requirements for drafting a legal will in India because wills are very significant legal documents.

Sadly, when people are preparing their finances and retirement, they overlook the need of writing a will. Understanding how to create a valid Will in India is crucial. A legitimate Will must meet a number of requirements because it is a legal document and due consideration and care must be given to the process. When this topic is discussed, people frequently get a sense of impending death. That is not reality, though. It will be simpler to have a conversation if you are open-minded about this subject and steer clear of extreme ideas.

A will serves as a record of the estate the deceased left behind, and one that is well-written prevents disagreements among the heirs. A will tries to minimize disruption for heirs. It aids in preventing family disputes over who gets what (or what they perceive to be fair) in the distribution.

1. So what happens if there is no valid Will at the time of death ?

A person has passed away interstate if there is no will, according to Section 30 of the Act. When a person passes away intestate, their assets are dispersed in accordance with their personal laws, such as the Muslim Personal Laws or the Hindu Succession Act.

According to the Indian Succession Act, the proceeds from the sale of property are distributed equally among the surviving legal heirs. If a person passes away intestate and leaves behind his wife, two sons, and two daughters, for example, the property will be divided evenly among the five surviving family members. Please take note that it is wrong to believe that the spouse will automatically inherit the estate. It is crucial to remember that inheritance and succession laws can differ between religions.

"In the event that somebody kicks the bucket without making a will, they are said to have passed on 'intestate'. In the event that this occurs, the law sets out who ought to manage the departed's undertakings and who ought to acquire their bequest (property, individual assets and cash). At the point when somebody bites the dust without leaving a will, managing their domain can be muddled. It can likewise require a long investment, months or even a long time in a few extremely complex cases. In the event that matters are mind boggling or you believe you want assistance, it's smart to converse with a specialist quickly. You ought to show them all the data and archives you have about the departed individual's property, possessions and monetary undertakings. Meanwhile, it could be really smart to take care of little significant things for supervision." Said Advocate Ekta Agarwal , Odisha Highcourt.

2. Now what are the steps to take in order to create a Valid Will ?

1. Details about the testator- The name, age, residence, and other information about the testator will help determine who is writing the will and when it is being done.
2. Declaration- It is crucial that the testator makes a declaration during the will-drafting process stating that they are of sound mind and free from all forms of compulsion.
3. Information about the beneficiary - Information about the people who will get benefits under this will and to whom the assets will be distributed should be included, including their name, age, address, and relationship to the testator.
4. Division of Share - Specify who will receive what and what share each recipient will have in the property. A custodian for the minor should also be named in the will if the asset is to be bequeathed to a minor.
5. Specific Instructions - The testator must include instructions for carrying out the Will and make clear if there are any further requirements.
6. Witness: The testator must sign the document in the presence of two or more witnesses. The witnesses only need to confirm that the testator signed the will in front of them; they are not need to know the specifics of the will.
7. Executor of the Will- The will's executor must be chosen carefully since they will be responsible for seeing that the testator's wishes are carried out as outlined in the will. Additionally, the name, age, address, and relationship to the testator should be mentioned.
8. Details of property and assets - It is important to list out all the information about a testator's property and assets in order to determine which of them will be covered by the will. Additionally, he or she may list any particular assets that are available.

3. Other elements to think about when drafting a Will in India include:

1. To prevent any erroneous claims about mental health concerns in the future, consider including a doctor's certificate of good health with the will when you sign it.
2. Select witnesses who are younger than you because you want them to be there for longer.
3. Make a few copies of the Will, keep them in a secure place, and let your family know where they are.
4. Creating a Will is not straightforward when it comes to family properties. In these circumstances, you might want to see a legal specialist.
5. The division of assets and properties should ideally be expressed in percentages or figures rather than prices because investment values frequently fluctuate, sometimes noticeably.

4. So, is there any format to make a valid Will ?

Making a will on judicial stamp paper is not required. It can be written in any language on plain paper, ideally in the testator's own handwriting. The disposition of the assets and the names of all beneficiaries should be specified in the will, as mentioned above. An unborn kid cannot be named in a will. Hindus cannot leave their ancestral property to future generations through wills if they do not have ownership of it.

5. When can you challenge a Will ?

1. Presence of certain elements- Coercion, fraud, or undue influence must be present in order to prove that the testator was under duress and that the will was not written with a clear intention.
2. Presence of Suspicious nature- Suspicious aspects may be present in the Will, which could lead one to believe that there has been some sort of violation of the Will's terms.
3. Absence of testamentary capability or intention - This indicates that the testator may not have expressed a desire to execute or carry out their will in the will. Incapacity to make a will suggests that the testator may not have been of sound and reasonable mind at the time the will was written.
4. No proper execution- If the testator's signature and those of the two witnesses are absent, it may be possible to contest the Will's legality.
5. Absence of knowledge- If the testator did not know they were signing the will, that can be used as a reason to contest the will's validity.

All in all, the only document that details your money and expresses how you want to divide it after your passing is your Will. Making a legally binding will aims to prevent any potential family conflicts in the future. It would be beneficial if you did not avoid talking about this topic. Here, the goal is not to take a cut of your wealth but to make sure that your family members are not inconvenienced while you are away. Making sure that everyone in the family receives what they merit is another crucial goal.