Living Will

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What is a Living Will

A Living Will is also known as “Testament”. It is a process where a person can distribute his property among his loved ones which can help them in future after the death of the owner or property holder. The word Living Will applies to both personal and real property. If no one takes care of your property after your demise or in some cases it can also be handed to an unreliable person after your death. Therefore you need to select an appropriate person who is capable of being a new owner.

In simple language the Living Will is made by the owner of a property in which he can give the authority to another person to hold the ownership after previous owner dies.

Process of making Living Will

The most important question which occurs is “How to make a will?”

You can create your own Living Will in few simple steps:


Get a free will form on LegalDocs website & start drafting your will in it


Provide your scanned documents as per requirements.


Name a Living Will executor.


Describe the way to distribute your assets in the Will.


Download and save your document in Adobe .pdf or editable .docx

Eligibility for making a Living Will online

  • The one who knows what is meant by Living Will and knows why it is required.
  • The one who can realize in general terms the amount of property which will be disposed.
  • The one who is eligible to make their own decisions and knows who is liable to get the future ownership.
  • The one who is above 18 years of age.
  • The one who understands the relationship of the person mentioned in the Living Will format.

Benefits of making a own Living Will

  • You can choose the future owner as per your wish which creates peace of mind for yourself.
  • Protects your assets or property.
  • Helps creating ease in your loved ones’ life.
  • Can show a clear cut idea about your wishes and what you exactly want after your death.
  • Reduce inheritance tax.

Dying without a valid Living Will is called intestacy

    - If a person dies without making a Living Will then the law will decide who will get what and in which amount, which can be against your wish.

    - The court will not look after the relationship between you and that person, whether it was good or bad.

    -Incase a person is married and have not registered the marriage and dies before making a Living Will then the partner is not liable to get any part of the property.

    - If a person dies with no close relatives or they don’t stay close then the entire property will be distributed among the government.

Living Will FAQs

Will it is the expression of the wishes of the testator regarding the work of a lifetime.A will is a document which is of no effect until the testators death and until then is a mere declaration of his intention and is at all times until such death subject to revocation or variation.
The Indian Succession Act, 1925 pronouncements that a probate is authentic evidence of a will. A probate is issued to the agent, or the individual who is approved to actualize or execute the will and in this manner adds a lawful character to the will.An appeal to must be recorded under the steady gaze of the Principal Court of Original Jurisdiction or under the watchful eye of the Honble High Court under Section 374 of the Indian Succession Act. The Court being referred to will issue the court sees at the underlying stage and a paper production will be caused other than a Gazette distribution too. In the event that such an appeal to is challenged, it will be changed over into a normal suit and upon challenge a similar will be discarded, by conveying the judgment and declaration, as per law.
A Living Will or testament could be a written document by a person, the individual, expresses their wishes as to how their property is to be distributed after death, and names one or additional persons, the executor, to manage the estate till its final distribution.
A domestic partnership is an interpersonal relationship between two individuals who live together and share a common domestic life but are not married (to each other or to anyone else), but they receive a lot of benefits that guarantee rights of survivorship, hospital visitation and others.
Unless and until you are married with your spouse and not yet signed any legal document for separation, the spouse may hold the property ownership if you die before a written divorce.
You should be above 18 which is considered to be an official age for any documentation purpose
No. it is not necessary for you to create a Living Will in a particular format.
It is not necessary to make a Living Will in writing it is just we have to attach a proof of identity, which will help to consider that the Living Will is made by you.
A document that is executed by a person who had previously made his or her Living Will, to modify, delete, qualify, or revoke provisions contained in it.
Yes, it can be possible to make a Living Will even if you are not in a condition to see anything. You just need to let a person to read the document before you sign and do it in front of your trustworthy witness. First try to read and understand the document totally and later you can sign on it
Yes, it is possible, In case you are not able to write your name then you can let someone to sign on behalf of you. Make sure the person is trustworthy.
Being of sound mind” means a person should be eligible to understand what he/she is doing or to whom he/she is lending the property. Being physically challenged does not mean he/she is not in sound mind.
An executor can be a personal representative who can present the Living Will in front of the owner and try to frame the points with them.
A Living Will is a legal document instructing your doctor to withhold or withdraw life-sustaining procedures
Yes, If you try not to give your property or any part of it to your spouse then the person can elect against your Living Will and will get half of the property.
If you wish to give your property to charity then you can surely do it by mentioning the charity name as a beneficiary.
Your Living Will is valid unless and until you revoke it.
You can revoke a Living Will in writing or by physically destroying the document.
No you don’t need to pay stamp for executing a Living Will.
Any person including interested parties can be witnesses to a Living Will. Though not mandatory it would be prudent to have one doctor and one lawyer sign as a witness to the Living Will.
There can be a joint Living Willl of two or more persons. Such Living Wills only come into effect after the death of all the Living Will holders.





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