Is it mandatory to disclose distribution of wealth in will?
S. Sri Ramya
(Querist) 22 September 2018
This query is : Open
Is it mandatory to disclose details about distribution of wealth in the will, if the main intention of creating the will is to declare legal heirs. will it be sufficient if we just mention so and so persons are my legal heirs and my wealth is to be distributed equally among them, without disclosing or mentioning about assets and distribution of wealth. Thank you.
Dr J C Vashista
(Expert) 22 September 2018
Yes, you can execute a will without disclosing entire assets, no legal infirmity.
However, since the Will shall be operative after death of testator, it would be better and appropriate to disclose all movable and immovable property to avoid any dispute/ litigation among the legal representatives of the deceased/ testator.
Guest
(Expert) 22 September 2018
I don't think, you have any such problem in reality. It seems you have put simply and academic query. That is also confirmed from your picture, seemingly of some animal.
However, can your clarify, will there be any source of information to your legal heirs to know how much wealth and of which nature you have? Do all the legal heirs know everything about your wealth?
By the way, if you really intend to make a will of yours, why you want your will to remain quite a hazy document with contents of some uncertain nature, if some of the heirs know and some of them don' know what is what and where your wealth is placed?
A. A. JOSE
(Expert) 22 September 2018
Though such a will may be legally valid, it is intellectually blank! You are leaving your legal heirs to fish in muddy waters! Why not create a will describing therein details of all your movable as well as immovable self acquired properties and hel your legal heirs to easily get them transferred to their names?
Shashikant V. Patil
(Expert) 22 September 2018
This type of Will is not just and proper but it will lead quarrels and dispute only.
K Rajasekharan
(Expert) 22 September 2018
A Will is a legal declaration in the form of a document, expressing the intention of a testator, about how his property would be devolved on whom after his death. The Will must reflect the testator’s intention in concrete terms.
A testator of the Will who has no proper understanding as to the nature of his property or the persons whom he intends to devolve his property cannot make a valid Will.
A person making an instrument considering it as a Will, but without understanding the nature of its contents in concrete terms, cannot be considered a valid Will.
