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Get a well-drafted Last Will & Testament by the Best Lawyers in Delhi

A will is a legal document that expresses your wishes regarding the distribution of your assets and the care of your minor children.

Introduction

As per Section 2(h) of Indian Succession Act, 1925, “Will” means the legal declaration of the intention of a testator with respect to his property which he desires to be carried into effect after his death. In other words, a will or testament is a legally binding document by which a person expresses his final wishes as to how their property should be distributed at the time of his death.

A will made by a Hindu, Buddhist, Sikh or Jain is governed by the provisions of the Indian Succession Act, 1925. However, the Indian Succession Act, 1925  don’t govern the Muslims and they dispose their property according to their personal law.

A person's ultimate desires with regard to their property are expressed in a last will and testament, which is a legal document. It gives detailed directions on what to do with their belongings. It will state whether the decedent desires to give them to a charity, another person, a group, or both.

There are certain components of a Will, the following are essential components of a will:

  • Details of a testator.
  • A legal declaration.
  • Intention of a testator.
  • Will in respect to his property.
  • Details of the beneficiary.
  • Desires to be carried into effect after his death.
  • Guardian for a minor.
  • Executor of the will.
  • Date & signature.
  • Exclusions.

There are several reasons to a make a will, which are mentioned below:

  • Without a will, the process of settling your affairs after your death may take longer and be more stressful for your family or friends.
  •  Without a will, everything you own will be distributed according to the law's standard formula, which isn't always how you might want it.
  • Making a will can help you pay less inheritance tax on the value of the assets and cash you leave behind.
  • If you wish to leave something to someone other than your immediate family or if you have children or other relatives who depend on you financially, you should write a will.

A minor, a lunatic, a corporation, a Hindu deity, or any other legal person may be a legatee under a will if they are capable of possessing property. In some circumstances, the distribution of property by will is subject to limitations imposed by Sections 112 to 117 of the "Indian Succession Act, 1925." In rare circumstances, willed property transfers have been ruled invalid or void.

Regardless of whether a will is registered, it may be contested on the following grounds:

  • Fraud
  • Coercion
  • Improper influence
  • Suspicious behavior
  • Insufficient execution
  •  Insufficient testamentary capacity
  •  Insufficient testamentary intent
  • Insufficient knowledge
  •  Forgery

Wills must be signed by two witnesses and executed in accordance with the Indian Succession Act's guidelines. The testator's intent should be equivocal.

“Will” means the legal declaration of the intention of a testator with respect to his property which he desires to be carried into effect after his death.

There are certain components of a Will, the following are essential components of a will:

  • Details of a testator.
  • A legal declaration.
  • Intention of a testator.
  • Will in respect to his property.
  • Details of the beneficiary.
  • Desires to be carried into effect after his death.
  • Guardian for a minor.

A minor, a lunatic, a corporation, a Hindu deity, or any other legal person may be a legatee under a will if they are capable of possessing property.

A person below 18 years of age i.e. a minor cannot make a will in India. A guardian shall be appointed to dispose the property of a minor.

 Making a will can help you pay less inheritance tax on the value of the assets and cash you leave behind.Without a will, the process of settling your affairs after your death may take longer and be more stressful for your family or friends.

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