A will is a document through which a person assigns his property among various family members, to be distributed after his death. Unlike the popular belief, any adult has the right to write a will and not just the rich. In fact, we reiterate the need for everyone to write a will. Apart from ensuring a just and peaceful distribution of assets, it will also reduce the property dispute lawsuits by a great margin. A will doesn’t need to be written on a stamp paper or prepared by a lawyer to be legally valid. Although it is advisable to get the will registered, it is not mandatory. As long as the Will testifies the testator, is written in a manner and language that is understandable and is attested and signed by two witnesses, it will be considered a valid document for all the legal purposes. In a nutshell, for most of the people, writing a will is an easy task that can do by themselves, without having the need to hire the services of an expert lawyer. But in certain cases, it becomes inevitable to have a legal expert onboard, especially in the cases where ownership and property rights are complex.
The legal expert will help draft a will devoid of any ambiguities and discrepancies, that might lead to conflicts in the future. Moreover, he will guide through various points that will strengthen the validity of the will. While drafting a will, the testator must keep in mind that ancestral property does not fall under the ambit of will. The testator can include only the property of his share in the will. In short, a Will cannot override the inheritance right of any individual.
Important points to keep in mind while writing a Will
Although writing a will is not a daunting task per se, there are certain points that a testator must keep in mind while drafting a will. These points will help him furnish a faultless Will.
- Personal Details – Mention the personal details like name, fathers name, address of current residence clearly. The date of writing the will should also be clearly mentioned to rule out any dispute in future. It becomes crucial if there is any will made in an earlier date.
- State your Free Will – While writing a will, the testator must state that he is not under any duress or influence of any kind and is making the will of his own free will. The same needs to be attested by the witnesses.
- Details of Executor – Executor is the person who will execute the will. He has the most important role to play. Thus, it is imperative that his name and the relationship you share be mentioned in the will along with his address.
- Complete details of the Assets – Mention the complete details of all the assets, both movable and immovable.
- State the names of beneficiaries – The name and address of all the beneficiaries should be explicitly mentioned in the Will.
The testator can review or revoke a will if he/she so wishes. There are many situations where a testator might wish to review his will. Some of them are:
- If any of the beneficiaries has changed his/her name
- If the testator at time wishes to remove or add any beneficiary
- If there is a change in the status of the property willed.
- If any beneficiary of the will dies.
- The executor is deemed unfit to carry out his duty.