WILL

Any person can make a Will if they:

• Are above 18 years of age, and
• Are of sound mind (able to understand the nature and effect of what they are doing).

Even elderly or sick persons can make a Will, provided they are mentally fit at the time of making it.

Many people think making a Will is only for the rich or elderly — but in reality, it is important for everyone.
It helps in the following ways:

• It prevents disputes among family members after your death.
• It ensures that your assets go to the people you truly want to benefit.
• It allows you to appoint guardians for your minor children.
• It can help in smooth transfer of property and avoid legal complications.

It gives you peace of mind knowing that your loved ones will be secure and your wishes will be respected.

You can include:

• Movable property – bank accounts, cash, jewelry, vehicles, shares, etc.
• Immovable property – land, house, flats, shops, etc.
• Personal belongings – heirlooms, artworks, or any sentimental items.
  You can also include instructions about funeral wishes, donations, or guardianship of children.

Making a Will is simple if done carefully.

1. Write down your intentions clearly – state your full name, address, and that the document is your last Will.
2. List all your properties and assets – movable and immovable.
3. Mention beneficiaries – name the people you want to inherit your assets and specify what each will receive.
4. Appoint an executor – someone you trust to carry out your Will after your death.
5. Sign the Will – in the presence of two witnesses who also sign the document.
6. Date the Will and keep it safely. You can keep it with your lawyer, in a bank locker, or at the District Registrar’s office for safekeeping.

Registration of a Will is not mandatory, but it is highly recommended.
A registered Will becomes harder to challenge and proves that it was made voluntarily and genuinely.

A Will can be registered at the Sub-Registrar’s Office under Section 18(e) of the Registration Act, 1908.

Yes, a Will can be changed or revoked at any time during the testator’s lifetime.
If you make a new Will, it automatically cancels the previous one.
It is advisable to review your Will when your family situation changes (marriage, divorce, birth of children, etc.) or when you acquire or sell property.

A Will takes effect only after the death of the person who made it.
Till then, the person remains the owner of all their property and can sell or gift it as they wish.

• Suspicion of forgery or undue influence – when family members allege that the Will was not made voluntarily.
• Multiple Wills – confusion arises if there are different versions of the Will.
• Improper execution – missing signatures, witnesses, or unclear terms.
• Disinherited heirs – family members may challenge the Will if they are left out.

These issues can be minimized by drafting the Will properly and, ideally, getting legal advice or having it registered.

Probate means official court approval of the Will’s authenticity.
It is issued by the court to the executor, giving them authority to distribute the assets.
In some states like Mumbai, Chennai, and Kolkata, probate is mandatory for Wills made within city limits.
In other areas, it is not compulsory but still useful for proving the validity of the Will.

If someone dies without a Will, they are said to have died intestate.
In such cases, their property is distributed according to the personal laws of succession, such as:

• Hindu Succession Act, 1956 (for Hindus, Sikhs, Jains, Buddhists)
• Indian Succession Act, 1925 (for Christians and Parsis)

Muslim personal law (for Muslims)