I am currently a resident of india and i am thinking of making a will for myself. I would be glad if you could point me to the right direction for making my will. I would like my son to have all my assets after my death .
I would also like to know if there are ways to cement my will and make it strong ? Because there are chances that my brother will contest against it.
A will is the simplest and easiest document to make. It does not require any legal formalities (like being on a stamp paper or being notorised etc) It can be written down by you or the person making the will (Testator) in your own language to state your wishes on how you want your property divided in case of your death. Leaving behind a well-made and clearly defined will makes life easier for those left behind after one’s death.
The important requirements of a Will are:
- The Will should be clear and precise as to the wishes of the testator.
- Signed on each page and at the end.
- Signed by two witnesses at the end. (witnessing that they have seen you sign your will out of your own free will).
How to make a Will Strong:
But the saying that “Where there is a Will there is a Law Suit” is not a saying in vain. So while preparing one’s Will one should keep in mind the following safeguards:
- Clearly state your name, address, son of so and so. Further sate that you are making this Will out of your own free will and not been coerced by anyone into making the same.
- Cleary state the date on which the will has been made.
- Reasoned Will. If you are excluding someone who would have otherwise been entitled to a share out of your property give reasons why.
- State clearly who all and to what extent you want to inherit which of your properties. Also state by way of a Residuary Clause that the all your remaining property will go to so and so.
- Have two independent witnesses (not beneficiaries under the will) who can testify the veracity of the Will before court if a will is called into question.
- Appoint an Executor of the Will. He is your legal Representative who will ensure that the distribution of assets is in accordance with your wishes as stated in the Will. An Executor can be anybody from a relative to an independent person say a good friend or attorney.
- Get your Will Registered. Though it is not essential to get one’s Will registered it lends more credibility to a will. Also a copy of the registered will is stored with the registration officer and hence chances of it being tempered with get reduced.
- Make sure you inform your family members about your will and keep it at a place that is accessible.
- In your case if your son is a minor also specify who you want to act as his guardian till he attains majority.
- Make a hand written will in a language you are familiar with. This lends support to the contents of the Will and that the same have been made by you intentionally.
A Will comes into effect only after the death of its maker. Even after making a will the testator can change his will any number of times. The latest Will is the Valid Will that will be implemented (even if prior will a registered will).
Please note that as you have an apprehension that your brother may contest your will, you should make a strong Will. But your brother will only have a right to contest your will or demand a right in your property if you have no legal heirs of your own under the succession act. If the property is ancestral and has not been partitioned between the brothers then he will continue to have a right over his share of the property and the same cannot be the subject matter of a Will made by you. The Will can only be made about the properties which are owned by the Testator.