Will Creation


What is Will?

Will is a legal document of the intention of a person (testator) for his/ her property which he desires to take effect after his death. Will can be modified and altered as per the wish of the testator. A will can be drafted at any time during the life of a person. After the death of a person, only the last executed will shall be effective. After the death of the person, the property can be transferred in two ways either through Will i.e. testamentary of the person or when there is no will, it can be transferred as per the provisions of laws of succession.

Why is Will necessary?

Creating a Will helps in ensuring that the person’s property is transferred as per his desire and to the right heirs fairly. It would be legally easy for the legal heirs to claim their right after the death of the testator. A Registered will cannot be tampered with, stolen, or lost as it is not in the public domain. Only the person creating the will can access its copy and after his/ her death, legal heirs can obtain a copy from the sub registrar’s office. It is preferred that one should register the will to avoid disputes and controversies that arise after the death of the person.

How ELT helps in will creation and registration?

ELT consultants has a panel of professionals  providing the best service like will creation and registration accross the country.

We offer a variety of services out of which the key service is to draft and register a will. Our team of experts makes sure that the will is drafted as per the desires of the client. We shall help you in tax planning aspects, intellectual property, business succession & restructuring, succession laws based on different religions, etc. is the most ignored area while writing any will documents.

Our team of lawyers at ELT have extensive experience in dealing with succession laws and litigations which makes us the fittest organization to make a masterpiece of will as per your requirements added with advanced knowledge and advice.

What are the types of Wills? How to choose for which kind of will’s writing should I go?

There are various kinds of will and they are as follows:

  • Conditional Will: Execution/application of will depends on a certain event and the will comes into effect only if the event takes place.
  • Joint Will: It refers to a will where two people agree to make a conjoint will.
  • Mutual Will: When two people agree to formulate a will on mutually understood terms and conditions. It helps in ensuring that the property is passed on to the children of the deceased person.
  • Duplicate Will: The wills which have two copies of a will are known as Duplicate wills. A testator shall make a second copy of the will and shall sign it and get it attested as he did with the original will as per Section 63 of the Indian Succession Act, 1925. 
  • Holograph Will: When a testator himself writes his will is known as Holographic Will.
  • Concurrent Will: When two wills are dealing with testamentary declaration of only one testator, they are known as the Concurrent Wills.
  • Sham Will: These kinds of wills are created for an ulterior motive or an immoral purpose like to acquire property that does not belong to the claimant or by deceiving someone.
  • Oral Will: As the name suggests, the testator expresses his/her wishes orally before the wishes.
  • Pour-over Will: It ensures the remaining assets of an individual will be transferred automatically to a previously established trust upon their death.

One should wisely as it is a crucial process, it involves the evaluation of various aspects and requires  a detailed discussion with the client , and the one may avail professional advisory from our lawyers and can decide to proceed further.

Essential characteristics of a valid Will

  • The name and address of the testator,
  • Date and place of execution,
  • The testator is of sound mind and is making the will voluntarily.
  • List of beneficiaries,
  • A detailed description of the assets bequeathed to each beneficiary, 
  • The language of the document should be clear and unambiguous,
  • Appointment of executor,
  • A will should be attested by at least two witnesses,
  • The testator shall sign each page of the will, 

Advantages of Registration of Will

Though registration of will is not a compulsory act, it is highly recommended to get will registered in the Sub-Registrar Office during the lifetime of the testator. The registration of Will makes it easier for the legal heirs to get the title of the estate transferred in their favor by way of Mutation in the records of the concerned authorities, or else, they will have to approach the court to seek a probate or succession certificate which can be a tedious and time-consuming process.

After a Will gets registered in the records of the Sub-Registrar Office, it cannot be tampered with, stolen, mutilated, or destroyed. Hence, registration reduces the possibilities of forgery and disputes between the legal heirs.

Revocation of Will

The testator during his lifetime has the freedom to alter, change or revoke the will as per his wishes. A testator can revoke his will by writing a subsequent will or codicil duly registered as per law. 

A will can be revoked under the following conditions:- 

  • By executing a subsequent will, 
  • By writing and declaring his/her wish to revoke the will,
  • By burning the will,
  • By tearing the will, 
  • Or by destroying the will.

Registration of Will after death

A will can be registered even after the death of the testator. The Sub-Registrar shall register a will at his discretion. However, it is quite difficult to register a will after the death of the testator due to the risk of fraud, forgery, etc. Therefore, it is better to register a will during the lifetime of the testator.

Who may access a Registered Will?

A registered will is not available in the public domain and cannot be accessed easily. The person who has made the Will i.e. the testator can obtain the copy from the Sub-Registrar Office. Whereas, after the death of the testator, his/her family or the executor or trustee can access the copy of the Will after their due verification.

How many times will it be altered/revised?

There is no restriction on how many times a will can be altered by the testator. A person can cancel, amend or change his/ her will as many times as he/ she wishes after revoking earlier wills.

Change of Will

One shall review their will every two or three years. You may also want to revisit it at special/important moments in your life, for instance, marriage, divorce, the birth of a child, the death of a beneficiary/executor, a significant purchase or inheritance, etc. 

Conclusion

ELT Consultants has a panel of professionals providing best services like will creation and registration across the country. We are here to serve you with will creation and registration and our priority is to draft “a will” as your wishes. Our team of experts at ELT Consultants are the best will registration lawyers in India.

FAQs

No, it is governed by the Indian Succession Act 1925. A will is a legal document wherein the testator declares his intention to bequeath his assets.

Hindu, Buddhist, Sikh, Jain are governed by:- Indian Succession Act,1925
Mohammedans are governed by:- Muslim Law

A trust simplifies the process of transferring the assets after the death of a person to avoid lengthy and costly periods of probate. A will is a legal document to express the wish of the testator to divide his/her estate after the death.

The key difference between the two is that the former comes into effect as soon as it is created whereas the latter comes into effect only after the death of the testator. 

It is important to plan a will as it acts as an inventory of the assets of the deceased. A well-written will helps in avoiding quarrels among the legal heirs.

A will is a document that expresses the desire of a testator to divide his/her property and among whom. 

  • Assets are shared based on the decision of the testator,
  • Prohibits family disputes
  • All assets revealed
  • Reduce inheritance tax
  • You have no control over the distribution of your estate. 
  • The rules of intestacy may not accord with your wishes. 
  • Your spouse may be forced to sell the family home in order to pay a share to your children. 
  • You do not control who is chosen as guardian for your children. 
  • Your children or grandchildren may not receive the financial protection you desire.
  • Partners, stepchildren, friends and favorite charities may miss out. 
  • Incapacitated members of your family and their own assets may be put at risk. 
  • Your estate may be administered by someone you would not appoint. 
  • Your estate may not be handled in the most tax effective manner.

Any person who is-

  • not a minor, and 
  • of sound mind; and is
  • free from fraud, coercion or undue influence

No, it’s not mandatory. However, it’s advisable in order to avoid any dispute in the distribution of assets. No stamp duty is chargeable on registration of will however nominal registration charges are there which vary state to state where you want to get the will to be registered.

No, registration has to be done from the registrar’s office, you can do all the drafting and consultation work online and telephonically with our experts and lawyers.

At the time of registration of will, you need to carry your original identity proofs like Aadhaar card, Passport, PAN, etc.

You can execute a new will and override the earlier will by taking its reference in the new will.

Yes, you have to come to the registrar’s office to personally appear before the registrar along with 2 witnesses, all of them appearing persons need to carry their original IDs.

The whole process can be completed within 3-4 days. You personally need to come once to the registrar’s office with a prior appointment and it takes 1-2 hours at the registrar’s office. The prior appointment will be arranged by us.

A will helps to address some important issues:

  • Clarity regarding Distribution: This is important as assets can be distributed as one likes.
  • Avoidance of Disputes: An explicit distribution of assets minimizes the possibility of disputes among family members particularly as personal laws otherwise take over.
  • Confidentiality: Doing what you want to do.
  • Minor Children: A will gives you an opportunity to make provisions for minor children & children with special needs as per your wish.
  • Offshore Assets: A will helps you to address the transfer of offshore assets.
  • Special Cause: Supporting a cause close to your heart.
  • Disinheriting: Disinheriting certain relatives.
  1. Testator: A person who executes the will.
  2. Legatee: Beneficiary of the property under the will.
  3. Administrator: A person appointed by competent authority to administer the estate of a deceased person appointed when there is no executor.
  4. Executor: A person to whom the execution of the last will of a deceased person is, by the testator’s appointment, confided.
  5. Codicil: An instrument made in relation to a will, & explaining, altering or adding to its dispositions, and shall be deemed to form part of the will.
  6. Probate: 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.

Any person may dispose of any property owned one held by him & which is capable of being disposed of by him. It is prudent to mention all single or joint properties, wealth, assets, receivables as well as liabilities or loans in the will, including movable and intangible properties and assets.

Movable properties will include cash, jewelry, FD’s, Bank Accounts, Insurance Policies, Vehicles & all your furniture, fixtures, etc. Immovable properties will include all your land, building, flat, shop, office, plot, garage, etc.

And even one can bequeath pets, paintings, antiques, electronic items, furniture & fixtures, intellectual properties like a trademark, Patents, Copyrights, Licenses, Social Media Accounts, personal Belongings, and Books, etc.

Efficient and Effective Estate Planning Advice.

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