How To Make A Will

In an average household, in the absence of a valid will, the loss of a family member is usually shadowed by squabble over his inheritance and often culminates into long-drawn legal battles among the heirs. This is why it is advisable to make a will to reduce the scope for a family feud over the deceased's assets.

This is why it is important to make a will in your lifetime.

Who is eligible?

A person, who is a major, can make a will stating how his self-acquired property would devolve upon his legal heirs after his death. A will by a minor or a lunatic is not valid.

The format

It is not necessary to make a will on a judicial stamp paper. It can be written on a plain paper, preferably in the testator's own handwriting, in any language. The will should state how the property should be disposed of and who all would be the beneficiaries. It is to be noted that a will can't be made in favour of an unborn child. A member of an undivided Hindu family can't bequeath his ancestral property in his will.

The testator

Once the testator has finished writing the will, it should be signed by the testator in the presence of two or more independent witnesses. It is important to date the document. A thumb impression is also held as valid.

The registration

It is not mandatory to register a will but it is advisable to do so. If a testator wants to register his will, it is registered under the Indian Registration Act. All he has to do is to deposit his will in the registrar or sub-registrar office of the area, where the identities of the testator and the parties involved are verified. Once a will is registered, the registrar keeps the original will and releases it to the nominee (a person nominated by the testator) after the death of the testator. It is a strong legal evidence that the proper parties had appeared before the registrar and the testator had attested the same in everybody's presence.

The codicil

Annexed to a will, a codicil is generally made to make slight changes in a will. It is a means to explain, alter or add sections to a will. The thumb rule is that the testator can't change the essence of the will.

The execution

When the testator dies, his legal representative can apply for a probate. (A probate is a copy of will certified by court.) The court will seek objections from other members of the family. If there are no objections, the court grants the probate and the will comes into effect.

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