Will:

A Will is the transfer of movable or immovable property to any person where the testator (the person who writes the Will) by way of a document wishes that such transfer should take place after his life time. If the testator wishes to dispose all his property or a part of his property to a third person, the testator can write a will for transferring such property. As far as the self acquired property of the testator’s property, the testator can write a will to whomsoever he wishes. If you have minor children, by way of Will, you can appoint an executor for maintaining the property and hand over the property to the children till they become major.
Consult an experienced Estate law attorney to draft a Will.

What are the Legal requirements of a Will?

If you write a Will it must comply with the following rules:

• You must be a major.
• You have to write the Will with a sound state of mind and memory.
• You must not be influenced by fraud, coercion or undue influence.
• You must state your intention of writing the Will.
• The Will must contain the date and signature of you.
• The Will shall be signed by you in the presence of at least two witnesses and the witnesses also have to sign in the Will. The reason for such attestation of witness is only an acknowledgement that you have executed such Will.

If you consult an Estate law attorney, he will assist and guide you so that you can unnecessarily avoid litigations which may occur between your heirs or any other person after your death.

Revocation of Will

A Will written may be revoked at any time, and you may state the intention of revoking the Will. Even if you include a clause that the will is irrevocable that does not mean that particular will cannot be cancelled. You can revoke that will at any time.

Registration of Will

Since, the Will takes its effect after the life time of the person, in order to avoid confusions relating to property, it is always advisable that you register the Will.

Probate of a Will

If you are the executor of the Will, it is compulsory that you have to probate the will. Consult your attorney for filing a probate petition. In the probate petition you have to include the heirs of the deceased to give an opportunity to file their objections. If the court is of opinion that the Will is a valid one, the court may confer legal title of the property and may ask the executor to perform his duties as per the Will.

Will Contest and Problems