What is a Legal Will?
In India, a legal will is a declaration made by an individual that specifies how they will distribute their assets after death. This unilateral document becomes effective only upon the individual’s death, enabling them to make informed decisions about their wealth, assets, and property.
A will is a legal document, but the law doesn’t require a specific format. You can write a will on any medium, not just on stamp paper, and you can create it either by hand or by typing. The owner can change or revoke a will at any time before their death with the help of online legal advice.
According to the India Succession Act, you can categorize legal wills into two types:
- Privileged wills: Airmen, marines, or soldiers on expedition or in war-like situations can create these wills. They can make them either verbally or in writing without needing to follow extensive formalities under the law.
- Unprivileged wills: These include all other types of wills. Their execution requires you to follow various formalities, such as verifying signatures and ensuring the presence of witnesses.
Important Features of a Will
The two essential features of a will are:
- A legal will serves as a declaration of the testator’s intentions and takes effect upon their death. The testator must specify how to distribute the property. The testator can revoke or alter the will during their lifetime.
- In India, you must obtain a probate from the court to initiate the execution of the will. This process, where the court verifies the will’s authenticity, is called a probate of will. To obtain it, you must submit a petition to the court, along with a copy of the will and a schedule of the property. The petition should specifically request the court to grant probate to execute the testator’s intent.
What Elements Should a Legal Will Contain?
Include the following information in a will:
- Details about the testator: Provide their name, age, and address, along with other identifying information about who is making the will and when they created it.
- Declaration: When drafting the will, the testator must affirm that they are free from any coercion and of sound mind.
- Information about the beneficiaries: List each beneficiary’s name, age, address, and relationship to the testator. Specify who will benefit from the will and how you will distribute the assets.
- The agent of the will: It is vital to appoint an agent to ensure that the will is executed according to the testator’s instructions. Include the agent’s name, age, address, and relationship to the testator.
- Details of property and assets: Clearly outline all the assets and properties owned by the deceased, specifying which ones will be included in the will. The testator can also provide details on specific assets.
- Share division: Clearly state who will receive what, detailing the share each beneficiary will have in the property. If the will bequeaths any assets to a minor, appoint a custodian in the will to manage those assets until the minor reaches legal age.
- Specific instructions: The testator should give clear instructions on how to carry out the will and specify any additional instructions.
- Witness: The testator must sign the will in front of at least two witnesses. It is not necessary for the witnesses to be familiar with the details of the will; they simply need to confirm that the testator signed the document in their presence.
After the final statement, the testator should sign and date the document.
Drafting a legal will can be complex. It requires including specific clauses and details to ensure validity and accurately reflect your intentions. However, you can simplify the process by seeking online legal advice. This approach ensures that professionals manage everything properly and efficiently. You can find qualified lawyers and consultants ready to assist you with your legal needs and documentation.
