Complete guide on how to write a Will to avoid property dispute

Introduction:

Sometimes we see and hear that after the death of a person there is a dispute over the distribution of his property, sometimes this dispute increases so much that people reach the court. Although there is no specific provision in the Indian Succession Act to make a will, we can keep some things in mind while making a will. So that in the case of any dispute in the future, there is no chance of our will being rejected. Before understanding how to write a will. It is important to know what exactly is a will?

What is a Will?

According to the Indian Succession Act, 1925. The will is a legal declaration of the intention of a testator(will-maker) concerning his property which he desires to be carried into effect after his death. The provision of this act is only applicable to Hindus, Buddhists, Sikhs, or Jain. The distribution of Mohammedans property is governed by their own rule, which is Muslim personal law.

Types of Will :

1. Conditional will 2. Privileged will 3. Unprivileged will 4. Mutual will 5. Concurrent will 6. Joint will 7. Duplicate will









8. Sham will

Who can make a will ?

 

The testator should be above 18 years of age. He must be sound mind, which means the will-maker should know that he/she is making a will and its future consequences.

 

How and where to make will ?

 

As we have already told you there is no specific provision of will making in the Indian succession act, 1925. A will can be made on any plain paper or stamp paper. It could be handwritten or typed.

It is advised to make a handwritten will, so handwriting be recognized in case of any dispute.

A testator (will-maker) should include his/her name in detail, address, list of assets he or she wants to distribute among successors. It is also needed to be clear how much share he/she wants to give to which heir.

 

List of Assets:

 

While making a will, testator should mention the list of assets like

 

1. property and land registered in the name of the testator.

2. shares (if any)

3. valuable things as jewellery, vehicles, etc.

4. Cash and bank deposit

5. Intellectual properties, Patents,Copyrights etc.

 

Need of witnesses:

 

Undoubtedly witnesses play an important role when it comes to proving the truthfulness of anything. While making a will also it is safer to have two witnesses so that after the death of a testator they can confirm that the will was made by himself.

These witnesses must be 18 years of age and should not be too old. If the witnesses are doctors and lawyers, it will be easier to prove the validity of a will before the court in case of any dispute.

 

List of Assets:

 

While making a will, testator should mention the list of assets like:

 

1. property and land registered in the name of the testator.

2. shares (if any)

3. valuable things as jewellery, vehicles, etc.

4. Cash and bank deposit

5. Intellectual properties, Patents, Copyrights etc.

Registration of will:

 

A will is not necessary to be registered, But if the will-maker feels that the will can be challenged in court, then in this case registration of the will becomes a good idea.

A testator can register a will in a sub-registrar office, where the testator needs to submit his/her identity and address proof along with the photograph and witness to sign the will.