Queries relating to preparation of will
Sachin Shetty
(Querist) 29 October 2014
This query is : Resolved
I am preparing a will wherein I would like to bequeath my residential property, jewelry, monies in bank accounts and bank fixed deposits to my wife. In respect of the same, I have the following queries;
(1) After my death, in accordance with the above will, all the assets listed above will be passed on to my wife. Further, in the same will, can I create a succession planning wherein I can state that after my wife’s death, the assets must be immediately sold and the proceeds must be apportioned among my daughters?
(2) If not, is it necessary for my wife to create a new will after my death to bequeath the assets passed on to her?
(3) I am also entitled to a share in ancestral land which I will get in due course of time. Can I bequeath in my will the share of land that I shall possibly get in future in favor of my wife/daughters?
(4) Is it necessary to appoint an executor? Who can I appoint as an executor?
(5) Can one of my daughters who as per the will (prepared as stated in 1 above) have been mentioned as a beneficiary after my wife’s death be appointed as an executor?
(6) If not, can I appoint one of my son-in-laws as an executor?
(7) Is it necessary to register a will? Where can I register my will? What are the charges/fees/ taxes payable for registering a will?
adv. rajeev ( rajoo )
(Expert) 29 October 2014
In a will according to your will and wish you can write anything.
ajay sethi
(Expert) 29 October 2014
1) leave the properties in name of your wife only . let her decide how she wants to dispose it later . if tomorrow on your demise your daughters dont take care of your wife in her old age it should be at her discretion how she wants to bequeath her property .
2) in the alternative your wife can have life interest in the properties and on her demise properties shall devolve on your daughter
3) it is necessary to appoint an executor . appoint some close relative or family friend as executor .
4) there is no prohibition from appointing a beneficiary as executor
5) dont appoint your son in law as executor .
6) registration is optional .however it is better to register it
7) get it drafted by a local lawyer
Rajendra K Goyal
(Expert) 29 October 2014
Discuss fully with a local lawyer and get the will drafted as per your requirements in clear and well defined terms. It would minimise the future disputes after you.
malipeddi jaggarao
(Expert) 31 October 2014
(1) (2) Fully agreed with the advice of expert Mr.Ajay Sethi.
3) Yes.
4) An executor is the person appointed ordinarily by the testator's by his will to administer testator's property and to carry into effect the provision of the will. If you do not name the executor, who will do this job?
5)Yes.
6) Does not arise as you can name your daughter as executor.
7) Not necessary. But if you wish to register it, the following is the procedure:
There is no difference between the registered will and unregistered will. Only the difference is registered will is under safe custody of Sub-Registrar whereas unregistered will is in the hands of executor named by the testator. To clear your doubts the following is mechanism for operation of Will:
• Form of a Will
 There is no prescribed form of a Will.
 In order for it to be effective,
• It needs to be properly signed and attested.
• The Will must be initialed by the testator at the end of every page and next to any correction and alteration.
• Language of a Will
 A Will can be written in any language.
 No technical words need to be used in a Will.
 The words used should be clear and unambiguous so that the intention of the testator is reflected in his Will.
• Stamp Duty
 No stamp duty is required to be paid for executing a Will or a codicil.
 A Will need not be made on stamp paper.
• Attestation
 A Will must be attested by two witnesses who must witness the testator executing the Will.
 The witnesses should sign in the presence of each other and in the presence of the testator.
 However, according to Hindu Law, a witness can be a legatee. Under Parsi and Christian law, a witness cannot be an executor or legatee.
 A Muslim is not required to have his Will attested if it is in writing.
• Registration:
 Under section 18 of the Registration Act the registration of a will is not compulsory.
 It is strong legal evidence that the proper parties had appeared before the registering officers and the latter had attested the same after ascertaining their identity.
 A Will must be proved as duly and validly executed, as required by the Indian Succession Act.
 Once a Will is registered, it is placed in the safe custody of the Registrar and therefore cannot be tampered with, destroyed, mutilated or stolen.
 It shall be released only to the testator himself or, after his death, to an authorized person who produces the Death Certificate.
 The cover should be super scribed with the name of the testator or his agent with a statement of the nature of the document.
An amount of Rs. 1,000/- will be charged as fee. The deposited cover may be withdrawn by the testator or his agent on payment of prescribed fee of Rs. 200/-.
T. Kalaiselvan, Advocate
(Expert) 02 November 2014
a Will if very carefully drafted with all the meanings in it are in simple language and can be understood by anyone apart form the beneficiaries, is considered to be a good will at draft. For all your questions the answer is yes you can go ahead as per your own sweet will and wish, except the ancestral property, wherein you have a limited title to the property acquired by you as your share, because in it, your daughters/sons will get a share out of your share of property and you can bequeath only that portion of property which belongs to you.
