A Will is defined as "a legal declaration of the intention of the testator, with respect to his property, which he desires to be carried into effect after his death." In other words, a Will or a Testament means a document made by person whereby he disposes of his property, but such disposal comes into effect only after the death of the testator
A Will is a document which ensures that your wishes with respect to your assets and property are followed after your death. There often arise problems and complications when a person dies without a Will. Yet we put off making a Will, not realizing the predicament we put our family in, after our death. It's a little effort that goes a long way. You will find the answers to the questions you may have had on making your Will, registering it and other relevant information.
There is no prescribed form for a Will. In order for it to be effective, it needs to be properly signed and attested. The Will must be initialed/signed by the testator at the end of every page and next to any correction and alteration. A Will can be written in any language and no technical words need to be used in a Will, however the words used should be clear and unambiguous so that the intention of the testator is reflected in his Will. No stamp duty is required to be paid for executing a Will or a codicil. A Will, therefore, need not be made on stamp paper. A Will must be attested by two witnesses who must witness the testator executing the Will. The witnesses should sign in the presence of each other and in the presence of the testator.
It is a good practice to register a will even if it is not mandatory, if immovable property like land, building etc is part of the wealth being bequeathed. Now days some of the related authorities insist on a registered will to transfer immovable property to legal heirs. The registration can be done at the office of the registrar or sub-registrar for a nominal fixed amount. The custody of the will is with this office of the registrar.
In most of the case a probate or succession certificate is mandatory to transfer property, if a will is not registered (in case of there is any dispute). The costs to obtain these documents are too high and time consuming. In some cases deceased persons properties can be transferred based on the ownership certificates issued by the Tahasildar of the concerned Taluk after completing the required formalities like Gazette notification etc. A registered will can be modified only by a codicil, which is a supplement to a will, or a fresh will. Both these must be registered to be considered valid.
Other Legal terms related to Will
Codicil - is a document made in relation to a Will, explaining, altering or adding to its dispositions and is deemed to be a part of the Will.
Executor - is the legal representative for all purposes of a deceased person (testator) and all the property of a testator vests in him.
Legatee/Beneficiary - is a person who inherits the property under a Will.
Probate - is a copy of the Will, certified under the seal of a competent Court.
Testator - is a person making a Will and executing it
Note - This article is prepared for just information purpose only. Please contact your Legal Adviser or Advocate for more information and guidance
Best Regards
Prakash Nair
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