Will is an affirmation of the intention of a person with respect to his property, which he desires to take effect after his death. It is a document which takes effect after the death of the person making it. Will can be altered or revoked at any time by the maker of it who is competent to dispose of his property.
Every person who is of sound mind and who has attained the age of 18 years can make a will. Persons who are deaf or blind can make a will provided they are able to know what they do by it.
A person who is ordinarily mentally ill may make a will during an interval in which he is of sound mind.
No person can make a will while he is in such a state of mind, whether arising from intoxication or from illness or from any other cause, that he does not know what he is doing.
A Will ensures that whatever personal belongings and assets you do have will go to family or the beneficiaries you assign. For a business, a Will can help ensure a smooth legal transition of those assets.
A Will is a document that speaks in a person’s absence or after his/her death regarding who will receive the property and how much share the beneficiary will receive. The law requires that a valid Will must be in writing.
For a valid Will there are only few requirements such as:
The maker of the Will i.e. the testator must be of Sound mind and major. The other requirement is that Will must be attested by at least two attesting witnesses in front of them the testator must have signed too. A beneficiary can never be an attesting witness to the Will.
Will can be registered at the Office of the Sub-Registrar, established and continued by the State governments under the Registration Act, 1908. It is important that a witness should accompany the testator to the Registrar for registration of the Will.
It is not important in every case that the will is to be written by the solicitor only, one can write his will by himself or through other person having the knowledge regarding writing a will. Though it will be a positive point that if the testator asks the solicitor to draft the will.
There is no particular format to write a will. Although it is necessary to follow few points to make the will valid such as attested by at least two witnesses and the testator too in front of the witnesses.
If a person dies without making any will, his property will be inherited by his heirs as per the applicable personal laws.
Yes, a testator can simply write a new will to replace the old one, or it can be revoke or make an addition using an amendment known as a codicil. At the time of revoke or changing a Will the testator must be in sound mind and must be fully aware of it.