Estate planning in India involves the systematic arrangement of one's assets and properties to ensure...Read More
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Before You Begin
Can I write my Will on plain paper?
Will can be handwritten or typed, however a typed Will is preferred. A Will can be written on a plain paper as stamp paper or stamp duty payment is exempted in India for a Will document
Is it mandatory to register/notarize a Will?
No, Notarisation or Registration of Will is not mandatory. A Will simply signed by two witnesses is a Legal Will. However, when somebody registers a Will – they visit the registration office physically (along with the 2 witnesses) and register their Will in the presence of the Sub-Registrar (govt. official). By this practise, the govt. basicaly becomes the third witness of the Will and the chances of challenging the authenticity of the Will by the family members / relatives in the future is minimized.
What is a Probate? Is it mandatory for all Wills?
Probate is a legal certificate issued by Civil Court of law in specified metro cities after the validity of the Final Will is proved. An executor nominated under the Will can apply for a Probate. When the court grants the probate or certifies the Will, the executor would be entitled to take necessary steps to enforce the Will. A Probate may not always be required. However when there are many immovable properties or when assets are of high value, a Probate is insisted upon before the title of owner is changed to avoid any disputes in future.
Who can be witnesses on my Will? Do they need to read contents of my Will?
As per the law, a Will should be signed in presence of a minimum of two witnesses. It is recommended that the witnesses should not be a beneficiaries of the Will. So, any close friend, well wisher who is not a beneficiary / related to a beneficiary of the Will would make an ideal witness. It is also advisable to have witnesses that are younger than you in age so that there are less chances of witnesses pre-deceasing you. It is not necessary for the witnesses to read the contents of the Will. They are just there to confirm that the Will was signed in their presence.
Who is an Executor? Should I appoint one?
Though it is not mandatory to appoint an Executor, it is recommended for smooth and fast distribution of the assets. An Executor is a person who is appointed by the person making a Will, and who is authorized to take legal action on all the wishes mentioned in the Will. An Executor can be any person – either a beneficiary in the Will or any trusted person like a family friend, lawyer, CA, well wisher, who can assist the family to act as per your wishes in the Will.
Contents of the Will
Can I write my Will on plain paper?
Will can be handwritten or typed, however a typed Will is preferred. A Will can be written on a plain paper as stamp paper or stamp duty payment is exempted in India for a Will document
Is it mandatory to register/notarize a Will?
No, Notarisation or Registration of Will is not mandatory. A Will simply signed by two witnesses is a Legal Will. However, when somebody registers a Will – they visit the registration office physically (along with the 2 witnesses) and register their Will in the presence of the Sub-Registrar (govt. official). By this practise, the govt. basicaly becomes the third witness of the Will and the chances of challenging the authenticity of the Will by the family members / relatives in the future is minimized.
Who is an Executor?
Though it is not mandatory to appoint an Executor, it is recommended for smooth and fast distribution of the assets. An Executor is a person who is appointed by the person making a Will, and who is authorized to take legal action on all the wishes mentioned in the Will. An Executor can be any person – either a beneficiary in the Will or any trusted person like a family friend, lawyer, CA, well wisher, who can assist the family to act as per your wishes in the Will.
What is probate and when is it needed?
Probate is a legal certificate issued by Civil Court of law in specified metro cities after the validity of the Final Will is proved. An executor nominated under the Will can apply for a Probate. When the court grants the probate or certifies the Will, the executor would be entitled to take necessary steps to enforce the Will. A Probate may not always be required. However when there are many immovable properties or when assets are of high value, a Probate is insisted upon before the title of owner is changed to avoid any disputes in future.
Who can be witnesses on my Will? Do they need to read contents of my Will?
As per the law, a Will should be signed in presence of a minimum of two witnesses. It is recommended that the witnesses should not be a beneficiaries of the Will. So, any close friend, well wisher who is not a beneficiary / related to a beneficiary of the Will would make an ideal witness. It is also advisable to have witnesses that are younger than you in age so that there are less chances of witnesses pre-deceasing you. It is not necessary for the witnesses to read the contents of the Will. They are just there to confirm that the Will was signed in their presence.
After the Will
Can I write my Will on plain paper?
Will can be handwritten or typed, however a typed Will is preferred. A Will can be written on a plain paper as stamp paper or stamp duty payment is exempted in India for a Will document.
Is registration of a Will mandatory?
No, Notarisation or Registration of Will is not mandatory. A Will simply signed by two witnesses is a Legal Will. However, when somebody registers a Will – they visit the registration office physically (along with the 2 witnesses) and register their Will in the presence of the Sub-Registrar (govt. official). By this practise, the govt. basicaly becomes the third witness of the Will and the chances of challenging the authenticity of the Will by the family members / relatives in the future is minimized.
Who is an Executor?
Though it is not mandatory to appoint an Executor, it is recommended for smooth and fast distribution of the assets. An Executor is a person who is appointed by the person making a Will, and who is authorized to take legal action on all the wishes mentioned in the Will. An Executor can be any person – either a beneficiary in the Will or any trusted person like a family friend, lawyer, CA, well wisher, who can assist the family to act as per your wishes in the Will.
What is probate and when is it needed?
Probate is a legal certificate issued by Civil Court of law in specified metro cities after the validity of the Final Will is proved. An executor nominated under the Will can apply for a Probate. When the court grants the probate or certifies the Will, the executor would be entitled to take necessary steps to enforce the Will. A Probate may not always be required. However when there are many immovable properties or when assets are of high value, a Probate is insisted upon before the title of owner is changed to avoid any disputes in future.
Who can be witnesses on my Will? Do they need to read contents of my Will?
As per the law, a Will should be signed in presence of a minimum of two witnesses. It is recommended that the witnesses should not be a beneficiaries of the Will. So, any close friend, well wisher who is not a beneficiary / related to a beneficiary of the Will would make an ideal witness. It is also advisable to have witnesses that are younger than you in age so that there are less chances of witnesses pre-deceasing you. It is not necessary for the witnesses to read the contents of the Will. They are just there to confirm that the Will was signed in their presence.
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