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All you wanted to know about a WILL

Every person of sound mind, not being a minor,  can  dispose of his property by a WILL.  Generally all persons who have sufficient discretion and free will  are capable of disposing their properties by a WILL.  Basically, A Will is a legal declaration of the intention of a Testator (person signing the WILL) with regard to his property, which he desires to be carried into effect after His/Her death.

 There is no prescribed format for writing a WILL.  It can be typed or handwritten. No technical words are required in making a WILL. A WILL  can be written in a simpler form.  However writing of a will is a complex task, since the person writing a will would not be living to explain the meaning of his/her intentions. Hence the will should be, as far as possible,   written in a simpler language, which can be understood by the  Executors of the will.

A Will is a document registration of which is optional under the provisions of the Indian Registration Act, 1908.

 A will should contain the following details:

  1. A declaration made by the Testator that this is the last will and testament he/she is writing, and that the Testator is in good health and sound mind and free from any coercion while making the will. Here Full name and address, with age (DOB), nationality and the date of preparing the will should be mentioned.
  2. Details of the assets and properties which the testator has and the name of the person to whom it is bequeathed. Here the person signing the will can also list his assets and properties in details.
  3. Executor of the Will : The name of the Executor with his/her age, address, Testators  relationship with him  who will ensure that the wishes of the Testator is carried out and distributed as per the will of the Testator is mentioned.
  4. List of moveable and immovable properties is mentioned. With specific details such as the details of the property with their addresses,
  5. Division of shares: The will should also state the percentage/share each beneficiary will receive.
  6. Directions : The testator can also give special instructions for executing the will.

7..     The Testator should sign the will in the presence of at least two witnesses. The Witnesses may not know the contents of the will, but must see the Testator sign his will in their presence.

  1. Signature: Every page of a will should contain the signature of the Testator  mentioning the date and time on the will.


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