Will is a legal document that mentions the dispersion of property and other assets of the testator (one who writes the will) after his/her death. The will cannot be used while the testator is still alive. Will becomes active only after the testator’s death.
In India, registering a will is not compulsory. However, it is wise to register a will to make it a legitimate document and to prevent conflicts between heirs after the death of the testator.
A lawyer is necessary to make a will. He/she will see to it that the will is made properly and duly registered. You can contact a lawyer at the Online Legal Center for drafting and registering a will. They will guide you in each step.
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These are two types of will as per the Indian Succession Act. Privileged Will are for the army men, who can make a will while they are posted at the border during a war-like situation. This type of will requires no witnesses or signatures and can be created simply by writing or even verbally. On the other hand, Unprivileged Will is for the civilians, i.e., the common mass.
In this case, a legal guardian is appointed who will be the testator. He/she will make the will on the minor’s or the mentally unsound person’s behalf and register it.
Only the last will of the testator is enforceable (valid).
Yes. The testator can, at any point in his or her lifetime, make changes in the will or withdraw the will. Change in the will is done through Codicil, which is a second part of the will that is attached to the original will to request an alteration.
A Probate is replica of the will issued by the court. It is issued only when no objection is present from any member of the family or from any legal heir. A Probate is necessary to execute the will and it proves the will’s authenticity.
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