1. Who can make a Will?
Any individual can prepare a Will, there is no age bar.
2. What is the format for writing a Will?
Indian law does not require a particular format for preparing a Will. It can be written on a plain paper
as well.
3. Inventorise your assets
List down all your assets, in which you have a right, title, or interest.
The value of assets is not required to be recorded at this stage.
You may also provide instructions on how to clear your liabilities in the Will, if any.
4. Identify who you want as your beneficiaries, executor, and guardian(s)
Mention the desired beneficiaries, executor(s), and guardian(s) for minor child/children.
Ideal to have separate individuals as beneficiaries, executor and witnesses.
It is recommended to have the same persons as nominee and beneficiaries for a given asset so as to avoid any confusion in future. Note: Executor is a person who would be required to allot assets and perform tasks, as stated in the Will.
5. Pick any two Witnesses
Pick two witnesses who are neither beneficiaries or executor(s) of the Will.
6. Signing of your Will
You, along with the Witnesses, have to sign the Will. Witnesses are not required to know the dispositions or instructions mentioned in the Will. Digital sign on a Will is not valid, hence keep in mind to always have a hand written signature. A thumb impression would also be acceptable.
7. Additional signing formalities
You can consider recording a video of signing process of your Will in presence of the two
witnesses. It is recommended to take a doctor’s certificate declaring that you are of sound mind at the time of preparing and signing the Will.
8. Registration- whether required
Not compulsory. Does not protect from any future challenges to the Will.
Only ensures signatures and the Will is not fraudulent or fake.
9. Amending your will
You can amend or revoke the Will anytime you wish to.
You can amend the Will by way of a codicil.
It is recommended to review /revisit the Will once assets are newly acquired or disposed off.
10. If you or your beneficiary(ies) is/are NRI(s)
If you live overseas and have assets abroad as well as in India, you can prepare two separate Wills, complying with the laws of the relevant country.
It is recommended that a single Will does not cover foreign assets as well as Indian assets.
If the legal heir is an NRI, FEMA rules would be applicable on transfer of assets.
What happens when a Will is not prepared?
→ Assets will be distributed to legal heirs based on one’s personal laws determined by his/her religion;
→ Executor would be appointed by a court of law.
Article by Vyoma
Mehta. She is an Advocate practising in Mumbai. For any information on the
above article, you may reach out to her email address on vyomaamehta@gmail.com
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