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WILL

A well-crafted Will minimize disputes and legal issues among family members, having a Will in place is a responsible and proactive step towards securing the future of your loved ones and safeguarding your hard-earned assets. A will, drafted by a knowledgeable and experienced lawyer, ensures that your assets are distributed according to your wishes and helps to avoid any legal disputes that might arise. It also gives you peace of mind, knowing that your loved ones will be taken care of in the event of your death. Investing in a will is a small price to pay for the protection and peace of mind it provides. Get your will done today, and secure your future.

Why make a Will?

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Wealth Distribution

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Family Protection

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Avoid Disputes

Will gives legal assurance that your family receives wealth as per your wish.

Contents of a WILL

  • Details of Maker - Details such as name, age, address, etc. to identify the maker
  • Declaration - It is very important that the testator declares that he/she is of sound mind and free of any coercion while drawing the will.
  • Details of the beneficiary - The details of who shall be benefitting out of this will and to whom shall the assets be divided should be given as their name, age, address and relation to the testator. 
  • The executor of the will - It is very important to appoint an executor who would ensure that the will is carried out according to the directions provided by the testator. The name, age, address and relation to the testator should be specified as well.
  • Details of property and assets - It is pertinent to list out all the details of the assets and properties that a testator has, and which are the ones that shall be covered in the will. He/she can also list out any specific assets that are there.
  • Division of share - The share that each beneficiary has on the property or the specifics of who shall get what is to be listed in full detail. If the asset is to be given to a minor, then a custodian for the minor should also be listed in the will.  
  • Specific Directions - The testator should give directions in terms of executing the Will and should specify if there are any instructions 
  • Witness - 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.
  • Signature - The testator/maker should sign with the date on the will after the last statement.

Laws governing Will in India

The different laws which govern various aspects of Will in India are as follows:

  • Indian Succession Act, 1925
  • Hindu Succession Act, 1956
  • Hindu Undivided Family and Hindu Partition Act of Property, 1892
  • The Muslim Personal Law (Shariat) Application Act, 1937
  • Transfer of Property Act, 1882
  • Stamp Duty Act (State specific)
  • Registration Act, 1908

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WILL

Protect your legacy with a WILL, secure your family's future

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Frequently askedquestions

No, its not mandatory to register a will. However, if it is registered with the sub-registrar under the Indian Registration Act, 1908, it reduces the chances of being challenged after the death of the maker.

Any individual owning property must create a will. The purpose of a will is to give the property owner control over its distribution. With a will, the transfer of property in the name of the people the testator provides becomes easier. In case the testator has children who are minors, he or she can mention a name for the children's care in the will.
Property success is a common conflict among family members or relatives of a dead person. With a will, such conflicts can be avoided. The testator can also donate their property to charity if they wish.

When writing the will, specify the executor, the list of properties and assets you own, and who you wish to benefit. The will should be signed by you as well as two witnesses. You should not be a minor, of sound mind, and not be forced by anyone, and this should be stated in the will too.

A WILL registration that has previously been signed by both parties and witnessed might be recorded even after the testator has passed away. Before the sub-registrar office, claimants must provide an original copy of the testator's will along with the testator's death certificate, and witnesses must also be present. If the officer is happy with the documents and thinks they are accurate, a will may be registered. However, if the testator passes away, the officer can start the ‘will enquiry’ process.

There is no prescribed form of a WILL. In order for it to be effective, it needs to be properly signed and attested. It must be initialled by the testator at the end of every page and next to any correction and alteration

Yes! Movable property is covered under WILL.
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