Will
Everybody is having his own definite idea about to whom his property should pass after his death. If there is no valid will the property of a deceased person passes to his heirs as provided by laws of succession and not as per wish of deceased person. Therefore making a will is sensible and practical idea. Will or testament is a document by which a person (the testator) regulates the rights of others over his or her property after death. If a person executes a valid will as to whom the property should go on his death and his property is passed on accordingly, it is referred to as testamentary succession. Any person over the age of 18 can draft his own will without the aid of an attorney.
Content of the Will:
Every ‘will’ must contain the following:
- The testator must clearly identify himself as the maker of the will, and that a will is being made; this is commonly called "publication" of the will, and is typically satisfied by the words "last will and testament" on the face of the document.
- The testator must declare that he revokes all previously-made wills. The testator must demonstrate that he has the capacity to dispose of his property, and does so freely and willingly.
- The testator must sign and date the will, usually in the presence of at least two disinterested witnesses (persons who are not beneficiaries)
- The testator's must sign at the end of the will. If this is not done, any text following the signature will be ignored.
There is no legal requirement that a ‘will’ be drawn up by a lawyer. However it is good idea that drafting and execution of ‘will’ should be under the consultation of legal advisor, because the person who makes a will is not available to explain him or herself, or to correct any technical deficiency or error in expression, when ‘will’ comes into effect on that person's death.
The registration of the will is not compulsory. It may be executed on a plain paper. It is discretion of the person to registered will. In the event of the person desiring WILL to be registered, he has to approach the office of the Sub-Registrar and has to be accompanied by the person who have signed as witnesses on the said WILL .If the person is not in position to attend Sub Registrar office, the Sub Registrar may visit at residence of the person by charging necessary fees.
Joint Wills:
A Joint Will is a testamentary instrument whereby two or more persons agree to make a conjoint Will. A joint Will is intended to take effect after the death of both, it will not be enforceable during the life– time of either. Joint Wills are revocable at anytime by either of the testators during their joint lives, or aster the death of one, by the survivor.
Probate:
According to the Indian Succession Act, 1952, even if a person makes a will, it shall have no value if a probate is not obtained from a competent court of law. The probate should be applied for before the chief judge, City Civil Court, if the matter is within the city. Otherwise, the application will be made before the district judges.
A probate is a succession-certificate. The beneficiary named in the will shall have to apply for probate under section 232 of the Indian Succession Act, 1925.
After the testator has died, a probate (Judicial certification of the validity of a will.) proceeding may be initiated in court. If the will is ruled invalid in probate, then inheritance will occur under the laws of intestacy as if a will were never drafted.
Person make as many changes in his will as he want, as often as he like. This is a separate legal document, which must be signed and witnessed in the correct legal manner.
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