Will is a legal document via which a person states his wish on how he wants his property to be managed or divided after his death. It helps in carrying out his intent for the property without any conflict among family members or interested parties over the rights of the property. The Will comes into effect only after the death of the testator. Although making a will is not an obligatory function, but is advisable to have one and get it reg-istered to avoid forging and future disputes. Especially in the cases where an estate or business is involved, having a Will will make the process of transferring assets and establishing the titleship less complicated. Any adult, i.e a person who has attained the age of 18 years can make a will, provided he/she is of a sound mind can legally make a will. A will is revocable and can be amended, only during the lifetime of the testator.
Making a Will does not require a legal aid per se, but having one will is highly advisable to elude any conflict and dispute in future. We, as a team of legal experts, help you make a Will that is beneficial for your heirs or stakeholders, with no or little scope for any contest against it. A legal expert makes sure that your will is valid in eyes of law and is executed properly. It is particularly beneficial for NRI, who have property both in India and in the country of their current residence. Since the property law and succession law of each country is unique and in accordance with their culture, legal advice is instrumental in making a will that is binding and valid in both the countries. A testator must appoint an executor to make sure that the will is carried out to the tee. Here, an executor can be a family member, a trusted employee or even the lawyer. Our lawyers have car-ried out the services of being an executor for our numerous NRI clients.
Steps to Make a legally valid Will
- En premier, the testator compiles a written will with his signature affixed at the end. The sig-nature must then be attested by two or more witnesses, who can testify in favour of the will in the court of law in case any dispute arises over its validity. It is not mandatory to have all the witnesses sign the will at the same time. They are just required to sign the will in presence of the testator. This stage is called the attestation of the Will.
- Once the will is attested by the testator and the witnesses, it is time to get the will registered. The will is to be registered with the registrar/sub-registrar. Whilst registration of will is not com-pulsory to prove its validity, it is a logical step for smooth transfer of the property.
For registration, both the testator and the witnesses need to be present in person in front of the registrar. On the death of the testator, the will need to go through the process of probate, which can be filed either by the nominated executor or any of the heir. Once the probate is granted by the court, the validity of the will is established and the executor can proceed with the transfer of property and other settlements as per the will.