
A Will is created by a person expressing his wishes regarding the disposition of his assets upon his death.
A Will is defined as “a legal declaration of the intention of the testator, with respect to his property, which he desires to be carried into effect after his death.”
There is no specific or prescribed form of a Will and in any language (understood by the person making the Will. The person making a Will must be in sound mind. A Will must be made by the person voluntarily. It is important that a person making the Will details out his family tree and the reason for giving and not giving the assets to any specific heir/person.
The Will must be signed and attested by two Witnesses. The witnesses must sign in each other’s presence and that of the testator.
A witness of the Will cannot be the beneficiary of the Will.
It is not mandatory or statutory to have a Will registered in India. A Will is registered with the office of the sub-registrar in the presence of the testator and the two witnesses.
A testator during his lifetime can revoke/cancel his Will and make a new Will. However, it is important for him to state the reason for cancelling the Will and making a new one.
It is important that a Will made in a full proof manner and it is not possible for any authority to set it aside.
Will made by any person suffering from mental illness or mental disability can be set aside by the courts. A person who makes several Wills and does not cancel any or does not state reasons for making new Wills is looked upon with suspicion by the courts.
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