Procedure and cost fore preparing WILL Procedure and cost fore preparing WILL

5 years ago

What is the procedure for preparing WILL and what would be legal and lawyers cost expected. Which lawyer would work for this?

Shanti Ranjan Behera

Responded 5 years ago

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A.Dear Mr. man Singh,
A self-made will is legal if it meets your state's requirements for wills. All stateshave requirements that include having at least two witnesses and signing your willyourself. Some states allow you to notarize your will to make it "self-proving," which moves it through probate faster.
You can also write a WILL without a Lawyer?
1. Write the introduction to the will. Start by clearly labeling the document “Last Will and Testament.” ...
2. Select an executor. ...
3. Identify your heirs. ...
4. Name a guardian for any minor or dependent children. ...
5. Assess and divide your property. ...
6. Sign the will. ...
7. Ask witnesses to sign the will.
Handwritten WILL
A holographic will is one that's entirely handwritten and dated and signed by the testator. It doesn't have to be witnessed, although two disinterested witnesses typically must identify the will-maker's handwriting for it to be valid. ... About half of all states permit handwritten wills.
Finally the cost varies from one Advocate to another Advocate
Shanti Ranjan Behera
Advocate
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Randheer Bahadur

Responded 5 years ago

A.Dear Client, All the points of the will has to be of the person making the will, i.e the testator he should make the will out of his own free will and he should not be under any compulsion and must possess stable mind, you will need at least two witnesses and the will should be compulsorily be registered in the sub-registrar office. Lawyers fees can be anywhere between 4500-10,000.
Regards.
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Rameshwar Dadhe

Responded 5 years ago

A.Dear sir approach any local lawyer he will help you better
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Shreyash Mohta

Responded 5 years ago

A.When a person makes a will, he/ she is declaring how the assets and properties be disbursed and to whom after his/ her death. Of course, the said property and assets can’t be ancestral in nature, only self owned.
Registration of will is not mandatory, as under Indian Succession Act, 1925, it’s considered to be a personal choice of the testator. However, it’s advisable to register it, if its contents are to be abided by after the person’s death. In other words, the will’s validity or genuineness will be a suspect and difficult to prove if it’s not registered.

Procedure for registration are as follows :

1. Registration of the will happens at the office of the sub-registrar. You will have to produce address proof, photographs and the witnesses who will sign the will. The witnesses have to bring their photographs and address proofs as well. Note that you will have to pay stamp duty during registration.

2. Once the will is drafted, a witness should accompany the testator to the registrar for registration.

3. Once it’s registered, it can be kept in safe custody in a bank locker or with the lawyer. The registrars also has authority to hold in deposit wills. If you opt for the registrar for safekeeping of your will, you will have to submit the will in a sealed cover by the testator or by a person duly authorised by the testator. On satisfying the identity of the testator or the person authorised by the testator, the registrar will hold the cover containing the will.

4. If you decide to change your mind and want to withdraw the will from the registrar, you can personally send your request or do it through an authorised agent. If the registrar is satisfied, the will be delivered to the person.

5. In case you want to revise or modify certain clauses in your will, it can be done through Codicil, a document
enlisting the amended parts of the will. It is then attested by the testator in the presence of two witnesses and kept along with the will with the registrar.

6. If the person, whose will is with the registrar, dies, any person could apply to the registrar for opening of the cover containing the will of the deceased. However, only after the registrar is satisfied that the testator is dead, the registrar will open the cover in the presence of the applicant and provide a copy to the applicant. The original will continue to be in the custody of the registrar till a court orders the official to produce the original will.

The cost of the Lawyer differs from person to person and individual to individual [a standard rate is nowhere specified] so you need to see which lawyer do you want and how much will he/she quote.

Any good Civil Lawyer would work for this. As will is a civil concept it is preferable to hire a civil lawyer having experience in making wills.

Hope this helped

Shreyash Mohta
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Kishan Dutt Kalaskar

Responded 5 years ago

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A.Dear Sir,
It all depends upon the complicity of Will to be prepared and properties and parties involved. Further you must engage services of experienced lawyer otherwise the clauses therein may not be accurate and create trouble. The fee depends upon the profile of the advocate you select and ranges between Rs. 25,000/- to Rs. 1,00,000/- apart from Sub-Registrar office expenses and stamp duty as prescribed by the State Government.

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