Process of Will making & it's execution
3 years ago
1- Where can one prepare his will, based on his current residence & assets being in some other location
2- Types of will
3- Charges of will
4- Registration of will reqd or not
5- Witnesses needed or not, who can be witness
6- Will processing post demise of the person, if will is made in different location
Ayantika Mondal @ Prime Legal
Responded 3 years ago
A.Hi,
1) A Will is a legal declaration of a person on a document regarding the distribution of his assets after his death. It is a unilateral document that takes effect upon the death of a person allowing you to make an informed decision on how your wealth, property and assets will be distributed on your death.
STEP 1: Firstly, all the essentials of a will as mentioned need to be adhered to.
STEP 2: It is advisable to consult the family lawyer before drafting the will. A will can either be drawn by the testator himself or through his lawyer.
STEP 3: A will is executed by ensuring the signature of the testator in the presence of the two witnesses and their signatures as well.
STEP 4: It would be beneficial if a will is registered and properly stamped as it helps in ensuring proper execution.
Execution of a Will:
For starting the process of execution of the will, a Probate in India needs to be obtained from the court. A Probate of will is a legal certification of the genuineness of the will. It can be obtained by filing a petition before the court along with a schedule of the property and annexing a copy of the will to the petition as well. It should be expressly prayed to the court to grant probate to carry out the intention of the testator.
2) Privileged Wills are those Wills which are made by soldiers who are employed in an expedition or a war-like situation or an airman or mariner. These types of Wills do not have many legal formalities and they can be made in writing or orally.
Unprivileged Wills are all other kinds of Wills and in the execution of these Wills, a lot of formalities need to be carried out from verification of signatures till attestation of witnesses.
3) Legal professionals may charge around Rs.4,000 - Rs.6,000 while experienced counsels may charge anywhere between Rs.10,000 - Rs.15,000.
4) Yes, witnesses are needed while making the will in favor of someone. Witnesses signature is compulsory on the will document.
5) Location doesn't affect the rights of the testator or the other person. Once the will has been made, it remains valid irrespective of the location.
Thank You
If you found this helpful, do rate us.
1) A Will is a legal declaration of a person on a document regarding the distribution of his assets after his death. It is a unilateral document that takes effect upon the death of a person allowing you to make an informed decision on how your wealth, property and assets will be distributed on your death.
STEP 1: Firstly, all the essentials of a will as mentioned need to be adhered to.
STEP 2: It is advisable to consult the family lawyer before drafting the will. A will can either be drawn by the testator himself or through his lawyer.
STEP 3: A will is executed by ensuring the signature of the testator in the presence of the two witnesses and their signatures as well.
STEP 4: It would be beneficial if a will is registered and properly stamped as it helps in ensuring proper execution.
Execution of a Will:
For starting the process of execution of the will, a Probate in India needs to be obtained from the court. A Probate of will is a legal certification of the genuineness of the will. It can be obtained by filing a petition before the court along with a schedule of the property and annexing a copy of the will to the petition as well. It should be expressly prayed to the court to grant probate to carry out the intention of the testator.
2) Privileged Wills are those Wills which are made by soldiers who are employed in an expedition or a war-like situation or an airman or mariner. These types of Wills do not have many legal formalities and they can be made in writing or orally.
Unprivileged Wills are all other kinds of Wills and in the execution of these Wills, a lot of formalities need to be carried out from verification of signatures till attestation of witnesses.
3) Legal professionals may charge around Rs.4,000 - Rs.6,000 while experienced counsels may charge anywhere between Rs.10,000 - Rs.15,000.
4) Yes, witnesses are needed while making the will in favor of someone. Witnesses signature is compulsory on the will document.
5) Location doesn't affect the rights of the testator or the other person. Once the will has been made, it remains valid irrespective of the location.
Thank You
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A.Hi,
a) A will made by a Hindu, Buddhist, Sikh, or Jain is governed by the provisions of the Indian Succession Act, 1925. A Will can only be made with respect to the property that the testator owns or has rights over. The simple rule is that one can only give what one has. There is no way that one can give away something that one does not have.
The details of the properties which the testator wants to give to his beneficiaries under his Will like the description, the registration number, the date of registration and whether it is his self-acquired property, etc. If it is a movable property, then the details and description of each should be clearly and individually mentioned.
b) Types of will:- Privileged, Unprivileged, Formal, Handwritten, Oral, Joint, Conditional, Statutory.
c) Legal professionals may charge around Rs.4,000 - Rs.6,000 while experienced counsels may charge anywhere between Rs.10,000 - Rs.15,000.
d)There should be a signature by the testator in the presence of at least 2 witnesses. The witnesses do not need to know the details of the will they just have to verify that the signature by the testator was done before them.
e) Location doesn't matter, once the will has been made in favor of someone.
Thank You.
If you found this helpful, do rate us.
a) A will made by a Hindu, Buddhist, Sikh, or Jain is governed by the provisions of the Indian Succession Act, 1925. A Will can only be made with respect to the property that the testator owns or has rights over. The simple rule is that one can only give what one has. There is no way that one can give away something that one does not have.
The details of the properties which the testator wants to give to his beneficiaries under his Will like the description, the registration number, the date of registration and whether it is his self-acquired property, etc. If it is a movable property, then the details and description of each should be clearly and individually mentioned.
b) Types of will:- Privileged, Unprivileged, Formal, Handwritten, Oral, Joint, Conditional, Statutory.
c) Legal professionals may charge around Rs.4,000 - Rs.6,000 while experienced counsels may charge anywhere between Rs.10,000 - Rs.15,000.
d)There should be a signature by the testator in the presence of at least 2 witnesses. The witnesses do not need to know the details of the will they just have to verify that the signature by the testator was done before them.
e) Location doesn't matter, once the will has been made in favor of someone.
Thank You.
If you found this helpful, do rate us.
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