Why You Need a Will: Secure Your Family’s Future

In today’s world, family conflicts over inheritance are sadly common. That is why you need a will to ensure peace and clarity after you’re gone.

Family feuds often end up in court, creating lifelong enmity among relatives. You can avoid this by creating a will during your lifetime.

What is a Will?

A will is a legal document that states how you want to distribute your property and investments after your death. It reflects your wishes clearly, whether you leave assets to legal heirs or others.

Essentials of a Valid Will

As laid down in The Indian Succession Act 1925, the essentials of a ‘valid will’ are as follows :

1. Any person making a will should be of sound mind while making & signing a will and must be above 18 years of age.
2. Any person in inebriated state of mind due to intoxication or illness where he/she is incapable of making a valid judgement and understand the consequences of his/her act, cannot draw a valid will.
3. If someone makes a will under force, coercion, or threats, without free consent, the law considers it invalid and not enforceable by law.

Requirements of a Valid Will

Section 63 of The Indian Succession Act 1925 outlines the requirements of a ‘valid will’ in India as enumerated below:-

1. The testator should begin the will by stating they are of sound mind and naming an executor to carryout his/her instructions in will. All previous wills & Codicils must be cancelled.
2. The testator must list all his/her assets including Property, Savings Account, Term Deposits and Mutual Funds.
3. The distribution of assets must be specific and unambiguous including a custodian for Minors.
4. The testator must sign the will in front of at least two witnesses, who would also sign the will to vouch for it, verifying the signature of the testator. The full names of each signatory, their addresses and date should be duly appended. The witnesses sign the will while the testator is present.
5. The testator and witnesses must number and sign every page of the will.
6. The testator and witnesses should countersign any amendments made to the will.
7. The witnesses cannot be beneficiaries of the will.

Registration of Will

In India, registration of will is not mandatory but is strongly recommended as registering involves the Government of India, represented by Sub-Registrar, as the third witness. This adds to the authenticity of the will document.

It facilitates the process of execution of will for the beneficiaries, after the demise of the testator. In India, a valid will can be registered at Sub- Registrar Office in the jurisdiction where the testator resides, with the Original will, a xerox copy and required fee.

The Sub-Registrar registers the will and gives a copy to the testator. The Registration Act 1908 in India governs the registration of wills.

Requirement of Will

To register a will, visit the Sub-Registrar Office where you reside with:

• Original will + Xerox copy
• Two passport size photographs
• ID, address proof, PAN card copies (testator and witnesses)
• Medical certificate from a doctor verifying sound mind
• Required fee
• Two witnesses to sign before the Registrar

The Registration Act, 1908 governs this process.

Benefits of making a Will

1. Avoiding Disputes: A will creates a clear and legally binding record of the intentions of testator, thus, lessening the probability of dispute in family.
2. Expedited Probate Process: The court validates a will through a legal process called probate. If registered, the will moves through this process faster and more smoothly, saving time & legal expenses.
3. Asset Protection: Registering the will safeguards your assets and ensures they reach the intended beneficiaries.
4. Preservation of Records: The Registrar Office securely keeps the official record once the will is registered, diminishing the possibility of being lost, destroyed or tampered.
5. Ease of Access: Beneficiaries and legal heirs can easily access a registered will. Beneficiaries can request a certified copy from the concerned authority without a lengthy legal process.
6. Peace of mind: All family members can have peace of mind, being convinced of no quarrels, no lengthy legal process & procedures, no hefty legal expenses and trouble running from pillars to post for justice.

Final Thoughts

Preparing a will ensures your loved ones remain united without disputes. It prevents unnecessary legal battles, high costs, and emotional stress for your family.

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