Make a Will
A will is a document which ensures that after your death, your wishes
in respect of inheritance as well as division of your property are
followed. It is a legal document and needs to be in the written form. In
India, any person above the age of eighteen years can make a will.
Further, such person must be mentally sound and must voluntarily wish to
make a will.
Persons who make wills are known as Testators. Wills are always executed after the death of a person. A person who dies without making a will is known as an Intestate. The testator can change or revoke a will at any time during his lifetime. After the death of the Testator, the beneficiaries need to get a probate from the court for execution of the will.
Benefits of Making a Will
It has the following benefits:
- Clarity about division and inheritance of property.
- Freedom to transfer property to any person of your choice.
- Avoiding potential family disputes in respect of property.
- Certainty of inheritance of property in case of sudden death.
The law in India makes registration of Wills optional. However, registration provides authenticity to wills as the Registrar is responsible for determining the genuineness of the Testator. Moreover, since it will be in the records of the Registrar, there will be no risk of tampering/alterations to it. Therefore, it is a wise step to always register a will.
Contents of a Will
It contains the following details:
- Declaration of sound mind and willingness of the testator.
- Details of the testator.
- Schedule of distribution of property after death.
- Details of all the beneficiaries.
- Date of the execution.
Documents for Making a Will
You need to provide us the following documents and details:
- All details of the property you want to include in the will.
- Your details such as address, name, residence, name of parents etc.
- Names of all persons who are beneficiaries of the will.
- Your identity proof such as Voter ID Card or Aadhar Card etc.
Further, you need to bring two persons willing to act as witnesses as well.
Timeline for Making a Will
Preparing unregistered and registered wills takes 2-3 business days and 10-15 business days respectively.
Fee for Making a Will
The fee varies with the type of will. For unregistered (notarized) wills, the professional fee starts from Rs. In case of registered wills, the government fee varies with the State of registration as well as the nature and value of the property in the will. For instance, the government fee in the State of Delhi starts from Rs. 600. The professional fee for registered wills starts from Rs. 3000. You don't need to pay any stamp duty for registering a will.
How PocketLawyer Can Help?
you need any help with making a will, we at PocketLawyer can help. We
will connect you with expert professionals. These professionals are
experts in inheritance laws. You can post your requirement and they will assist you with the entire legal process at affordable prices.
Need any further help? Contact us now.