This post is also available in: हिन्दी (Hindi)
Will is a legal document through which a person decides how their property and other assets would be distributed, allocated and spent after their death. It can be made by the person whose will is being made (called the testator) or by a lawyer on the instructions of the testator.
The document should specify that it is the last will executed by the testator and should list down the properties and assets, both tangible and intangible, owned by the testator, in the form of a schedule annexed to the will. The will should include the details of the family members or other persons amongst whom the property is being distributed. The name of the executor with the details of their age and address should be mentioned along with the executor’s relationship to the testator. The statement ‘with free will and volition and sound state of mind’ should necessarily be included. The properties are to be bequeathed to each person according to the will of the testator correlating clearly with the item numbers mentioned against the property in the schedule annexed. It should be mentioned that the will shall come into force post the death of the testator and is revocable at any time according to the testator’s wishes. Finally, the signature of the testator along with the date and place of the execution of the will should be specified.
For a Will to be valid18 :
- The testator should sign or affix their mark on the will, for example thumb impression.
- The will must be attested by two or more witnesses and these witnesses should have seen the testator sign or affix their mark onto the document. Each of the witnesses should have signed the will in presence of the testator.
- The witnesses should not be beneficiaries under the will.
A will can be made by a person who is over the age of 18, at any point in their lifetime, and is of sound mind.
Please login or Register to submit your answer