Understanding Will

What is a will?

A Will is a document, considered as a legal declaration of the intention of a Testator about the distribution / disposal of his possessions / assets / properties etc. after his death. The Will would specifically have details of all considerations that the Testator has in mind, to carry out his wish in this regard, after his death.

What is the purpose for preparing a will?

A will is a legally binding document that identifies who should inherit a persons property after they die. Recipients often include a spouse, children, grandchildren or a charitable organization. Many wills also contain a provision that names a guardian to care for minor children. A person that makes a will is called a testator.

Who can prepare a will?

• A person who has assets and desire those assets to be inherited by certain specific persons, can write a Will.

• A person should be a Major i.e. 18 years of age or more.

• Should be of a sound mind.

• Should not otherwise be debarred from making a Will by any competent authority.

What are the important aspects of will?

• Testator is the person who declares his wish in the Will regarding the disposal of his properties after his / her demise.

• Executor/s is/are appointed by the Testator, to ensure that the assets are distributed as desired by him/her in the Will.

• Beneficiary/ies is/are the person/s to whom the benefits are passed through the Will.

• Witnesses Persons in whose presence the will is signed by the testator .Witnesses also need to sign the will.

Do I need to register my will?

Registration of a Will is not mandatory. However, it is advisable to register the Will.

1. What happens to my property and my children if I die without preparing a will?

   If a person dies without a will or another legal distribution device, laws of intestate succession govern inheritance rights. The property is distributed amongst relatives defined under the Indian Succession Act, 1925 as per distribution methodology defined various schedule under said act.

2. Can I make a handwritten will?

   It depends on whether a states law recognizes a handwritten will. In about half of the states, a person may create a handwritten will, also called a "holographic" will. Unlike typed and computer-printed wills, witnesses are unnecessary for holographic wills. Some states require that the testator handwrite the entire holographic will, including the provisions, the date, and the signature. Other states are more lenient -- the testator may use a fill-in-the-blank document if it contains handwritten portions, a signature, and a date.
   Handwritten wills, however, may create complications. Many probate courts are hesitant to recognize the validity of these wills since they are difficult to verify.

3. Can I name a guardian for my children in my will?

   Yes. A will can name a "personal guardian" to care for minor children if both parents are deceased or if the surviving parent is unable to care for the children. The personal guardian will have legal guardianship over the minor children until they reach the age of 18. Because minors cannot own property, it is also important to select a person to manage the childrens property.

4. Can I disinherit my spouse?

   A spouse is legally entitled to half of the property acquired or earned during the marriage. While a married person may leave their half of the community property to someone other than their spouse, they may not dispose of the spouses share of the property.
   Where common law governs inheritance laws, a person may choose to disinherit a spouse through a will. However, common law protects the surviving spouse from complete disinheritance.

5. How do I revise my will?

   A testator can change a will by preparing a new will or by adding an addition called a codicil. When changes are substantive, revoking a will and starting over may be easier. An express statement in the new will of the revocation of all prior wills legally revokes a will. Minor changes, such as the addition of a new provision or the removal of a beneficiary, are appropriate changes for a codicil.

6. How do I sign my Will?

   To make your Will legal, you need to sign it in the presence of two adult witnesses. Each witness must then sign your Will. Any two adults will do (friends, neighbours, coworkers, etc. preferably other then beneficiaries of your Will or the spouse of a beneficiary). You do not need a lawyer or notary to make your Will "legal".

7. Is will made through DiL SE WiLL Legal and Valid?

   Yes. The Wills we prepare are valid legal Wills as long as the Will maker signs it properly and has their signature witnessed by two adults. Note : DiL SE WiLL and its empanelled practicing lawyers and advocate has taken adequate care to make a valid will. Will made by us is scrutinized and vetted by empanelled practicing lawyer and advocates.

8. Do I have to get my Will "Notarized"?

   No. It is not mandatory to have or a notary witness to your Will or have it "notarized". All you need to do is sign your Will and have your signature witnessed by two adults in accordance with the Will Signing Instructions we will send along with your Will.

9. Do I send my Will back to you for storage?

   No. As of now We do not store original Wills. You are responsible for the safe keeping of your original Will.

10. Where should I keep my Will?

    We recommend that once you sign your Will that you keep the original in your home along with your other important documents. You can also store it in a safe deposit box, just make sure your executor will be able to find it. We also recommend that you make several copies of your Will after you have signed it.

11. Can I make changes to my Will in the future?

    You can make changes in your will only by

    a. making fresh will and revoking all earlier wills or

    b. making a codicil for changes in existing will

12. How often should I review my Will?

    We recommend that you take a look at your Will once a year to make sure that it still meets your needs. However, your Will could last for decades if your wishes and circumstances dont change. For example, if you are married and make a Will after your children are adults, you may never need to make another Will even if 50 years goes by.

1. Will

   A will or testament is a legal declaration by which a person, the testator, names one or more persons to manage his or her estate and provides for the distribution of his or her property at death.

2. Intestate

   A person dies without leaving a valid will ; as per the applicable personal laws of the deceased, all his legal heirs, are entitled to the assets of the deceased.

3. Testator

   a person who has made a will or given a legacy.

4. Testatrix

   A female who has made a Will is referred to as a Testatrix.Because testator has come to be applied to both sexes, the use of the feminine testatrix has become obsolete.

5. Will/Testament

   A will or testament is a legal declaration by which a person, the testator, names one or more persons to manage his or her estate and provides for the distribution of his or her property at death.

6. Immovable Property

   Immovable property is an immovable object, an item of property that cannot be moved without destroying or altering it - property that is fixed to the earth, such as land or a house. In the United States it is also commercially and legally known as real estate and in Britain and India as property.

7. Movable Property

   Movable property is property that can be moved from one place to another. It includes personal items such as clothing and jewellery, household goods such as furniture and appliances, and other items including animals and vehicles.

8. Non-Beneficiary

   The non-beneficiaries are the persons who can be excluded by the testator with valid reasons though they have the right to receive benefits out of the testator’s property or share of the property (movable/immovable).

9. Beneficiary

   In the financial world, a beneficiary typically refers to someone who is eligible to receive distributions from a trust, will or life insurance policy. Beneficiaries are either named specifically in these documents or they have met the stipulations that make them eligible for whatever distribution is specified.

10. Beneficiaries

    More Than One beneficiary. (Plural form of beneficiary).

11. Administrator

    Administrator means a person appointed by competent authority to administer the estate of a deceased person when there is no executor.

12. Codicil

    Codicil means an instrument made in relation to a will, and explaining, altering or adding to its dispositions, and shall be deemed to form part of the will.

13. District Judge

    District Judge means the Judge of a principal Civil Court of original jurisdiction.

14. Executor

    Executor means a person to whom the execution of the last will of a deceased person is by the testators appointment, confided.

15. Minor

    Minor means any person subject to the Indian Majority Act, 1875 (9 of 1875.), who has not attained his majority within the meaning of that Act, and any other person who has not completed the age of eighteen years.

16. Probate

    Probate means the copy of a will certified under the seal of a Court of competent jurisdiction with a grant of administration to the estate of the testator.

17. Succession Certificate

    A succession certificate is a document that is granted by a civil court to the legal heirs of a deceased person who dies without leaving a will. It is granted by the court to realise the debts and securities of the deceased.

18. Attestation Of Wills

    An attestation of will is a declaration that the instrument/will has been executed in according to the formalities required by the law.

19. Incapacity

    Incapacity means physical or mental inability to do something or to manage ones affairs.

20. Letter of Administration

    Letter of Administration is issued by a competent authority (court) and appoints the Administrator to dispose of the property of a person.