procedure to make will
sneha
(Querist) 22 January 2010
This query is : Resolved
what is the procedure to make will.
A V Vishal
(Expert) 22 January 2010
A Will is a legal declaration of a perso's intention which he desires to be performed after his death. A person who makes a will is said to have died in testate, if not it is intestate. In other words we can tell that a testator is the one who has made a legally valid will before death.Through Will one can transfer his property to any person he likes, i.e. Faithful servant, handicapped children, widowed daughter etc. It avoids confusion about the disposal of property, among the family members after his/her death. A will can be created by any person at any stage of life.
1. A will must be in writing and signed by the testator (except privileged will by soldier/airman engaged in warfare or a mariner being at sea). The signature must be placed in such a way that it shall appear that it was intended to give effect to the instrument as a Will.
2. The Will should be attested by two or more witness in the presence of the testator. The attesting witnesses need not know the contents of the Will. They are only witnesses to the signature or mark of the testator.
3. The attesting witness and his/her spouse must not be beneficiary under the will otherwise the bequest (the act of gifting money or property in a will) in their favour would be invalid. However the validity of other bequests under the will not be affected.
4. It takes effect after the death of the testator.
5. Will is revocable during the life time of the testator.
6. Muslims can make an oral will.
7. There is no particular form for will by law. The language should be as simple as possible and understandable even by a layman.
8. A Will can be made on plain paper ( need not to be on a stamp paper)
9. Registration of Will is not compulsory, though it is desirable.
Adv ramesh chheda
(Expert) 22 January 2010
it is easy
just on plain paper u express u r wish as about how u want to distribute u r wealth and properties including movable and immovable after u r death. pls mention reasons for not giving any share to any of u r near relatives and also take sign o f two witness who will identify sign of persons making will and also say that they have sign in the presenc of each other
will can be on plain paper and it need not be registered .
Bhumik Dave
(Expert) 22 January 2010
well explained by above ld.
adv. rajeev ( rajoo )
(Expert) 23 January 2010
I agree with both the members advise. Will should be in short,not too much lengthy. One of the wittnesses should be doctor is good, because in case will is challenged as a wittness doctor can say the health conditions of the testetor.
B K Raghavendra Rao
(Expert) 23 January 2010
I add, that the Testator should declare in the Will that he is mentally sound and having all his faulties (neuro control over his organs) at his command meaning he is aware of what he is doing. He should also declare that he is not coerced by anyone in making his testament. It would be difficult to challenge such a will in future on the ground that he was mentally unsound a the time of writing the will or was physically not able understand the implications of the will.
