FAQs
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FAQs
Many people have questions regarding the process. We are here to help. Please read below for answers to some of the most common questions.
A will is a document written by a living person who expresses his/her wish to distribute his/her assets and possessions after his/her death.
A will is an essential part of estate planning. It is the document for transferring your assets upon your death. If you have a large assets it is advisable to write a WILL to avoid family conflicts after you die.
A living Will is a legal document that specifies the type of medical care that am individual does or does not want in the event they are unable to communicate their wishes.
Money in bank accounts, Life insurance payout, house and land which you own, furniture and
fixtures, jewelry, vehicles and other personal belongings etc.
As per Section 59 of Indian Succession At, 1925 Every person of sound mind, not being a
minor, may dispose of his/her property by a will.
i) A married woman may dispose by will any property which she could alienate by her own
act during her life.
ii) Persons who are deaf and dumb or blind are not incapacitated for making a will, if they
are able to know whatg theyr do by it.
iii) A person who is already insane, may make a will during an interval in which he is of
sound mind.
iv) No person can make a will while he is in such a state of mind, whether arising from
intoxication or from illness or from any other cause, that he does not know what he is
doing.
A minor person who has not completed 18 years of age is incapable of making a will. In a
broader sense, all person who have sufficient discretion and free will, are capable of
disposing of their property by Will. There are two grounds on which a person may be held
to lack testamentary capacity. I) his mind has never developed sufficiently ii) that his mind
is impaired temporarily or permanently.
No. You don’t have to be a lawyer to write a Will. But then it is advisable to hire a lawyer to write a proper and a valid WILL.
No. They cannot make a Will. A blind person cannot even attest a Will. But a blind person
may dispose of by a Will his properties.
The valid Will should contain the name of the Testator, his address, name of the beneficiaries,
funeral arrangement preferences, details of how your assets Will be distributed after your
death, Guardian details etc.
Probate is a term for a legal process, in which the gaminess of a Will is established through a Court of law.
The process of getting a Probate of a uncontested Will normally takes about six to nine months.
For further information on Wills reach out to us at info@tipslegal.in.
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