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What is Will?

When you pass away, you leave behind an estate composed of your real property, personal property and other assets. Unless you leave instructions defining how these assets should be divided and amongst whom, the Law decides which of your relatives will inherit your property. You probably don’t like the idea of leaving your properties up to chance, but choosing the right plan for your property is confusing.

Therefore, Will is such a legal document which distributes your property or other assets as per your wishes after you pass away.

So in simple term, Will is document by which a person expresses his wishes with respect to his properties (both movable and immovable) and the said wishes are to be acted upon only after the death of the person making the Will.

Now you must have got a question in your mind whether you can make a Will?

Answer to this is Yes.

  • Any person who is of sound mind and who has completed the age of 18 years can make a Will,
  • Any person who understands what the WILL is, or
  • Any person who understands relationship with the people mentioned in the Will.

Advantages of making a Will

  • You can choose who will receive your property and in what proportion.
  • You can appoint someone you can trust to distribute your property.
  • Protect the interests of minor ones  

What if I do not have a Will?

The purpose for you to make a Will is to avoid any kind of family dispute among your family members after you pass away.

If there are several family members who are likely to claim your property, and if you don’t have a Will, it is most likely that the relationship among the family members is likely to get bitter in order to claim a share in your property. Therefore, it is advisable that you choose the person or persons who shall receive your assets after your death so as to avoid any kind of enmity or dispute amongst your dear ones.

Frequently Asked Questions:

When the person gets the property given to him under the Will?

The person gets the property bestowed (given) to him under the Will only on the death of the person making the Will and not before.

Will once made, can it be changed?

The person making the Will can change it any number of times. The Will which is lastly made before the death of the testator (person making the Will) shall be considered for all legal purposes.

Whether Will need to be Registered or Not?

No, Will is not required to be compulsorily registered. The only requirement of the Will is that the person making the Will (testator) has to sign it in front of two witnesses and the two witnesses has to sign in front of the testator. The witnesses can be any person related or unrelated to the testator.

What if a person dies without making a Will?

If a person dies without making a WILL, his properties shall devolve upon his legal heirs as per the law governing his personal religion.

When can it be used or executed?

Will, as a document comes alive only after the demise (death) of the person making the Will it cannot be used during the subsistence of the person who has made it.

Is Will and Gift Deed same?

No. Will comes into effect ONLY after the death of the person making the Will and Gift Deed comes into effect the very day it is made.

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