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Steps to Draft a Living Will

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Go to our website- Log in to our page & click on the tab of Will

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Fill all the required information in the required fields

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Our team of lawyers will work on the draft & give it to you, so once it is done you can download the same.

What is a Living Will?

In simple language, a Will is a legal instrument made by a person regarding the allocation of his/her property after his/her death. It is a declaration made by a person at any time when he was in good state of mind in respect of his/her property after death. As in general it is a document which states what property of the testator should go to whom after the death of the testator. The will is basically done to avoid the problems in the future.


Living Will Meaning

Will is a legal declaration made by a person with respect to the disposition of his property after his death. It is done by one person with respect to his property stating after his death how his property should get allocated among others. Will is operative only & only after the death of the person who is making the Will. It can be revoked & altered at any time by the person who is making it. A Will can be made by anyone above 21 years of age in India.


Need to Make Living Will

The absence of Will is an open invitation to future dispute in relation to the property of the deceased. So it is always beneficial to make a will. When one person makes a Will he is not said to make it as per the Succession Act, but as per his own desire he can decide which property should be given to whom. So which assets should be given to your wife, children or parents is totally decided by the person who is making the Will. All these requirements are met only when the Will has been drafted accordingly.

If any person is dying intestate then his property is disposed of according to Succession act & as per the rules of his religion.


Requirements of a Valid Living Will

There is some basic requirement for making a Valid Will under Indian Law, which is as follows:

1. Major:

A person who is making a Will should be above 18 years of age & of sound mind to understand in his own capacity

2. Written:

A Will should be made in writing as a written document has much validity than the oral statement.

3. Attestation:

A Will should be signed by the person who is making it & signature of two witnesses.

4. Legal Declaration:

A Will is a legal declaration of a person with respect to the division of the property in between his legal heirs or relatives.

5. Disposition of the Property:

The Will should probably mention the details of the disposition of the property.

6. Death of the Testator:

A Will cannot operate while the person who is making it is alive, It comes into operation after the death of the testator

lpb-requirmnt-of-will

Who can make a Living Will

There is some basic requirement for making a Valid Will under Indian Law, which is as follows:

1. Every person who major & capable of understanding can make a Will.

2. A person who is the only owner of the self-acquired property can make a Will.

3. A person who is ordinarily insane but at intervals, he is of sound mind can make a Will.

No person can make a Will when he is in intoxicated state or suffering for any unsound mind or state where he is not a sane mind.


Types of Living Will

There are mainly two types of Will:

A. Privileged Will:

In simple words, Privileg Will is made to provide privilege to certain persons like airman, mariner, navy persons, soldiers while they are on employment. This will is made to dispose of the property when they are on duty. If it is made orally then it is valid for one month but if it is made in writing then it is valid throughout.

B. Unprivileged Will:

As per Section 63 of the Indian Succession Act 1925, an unprivileged will is created by a person other than those who do not fall under the category of privileged will. This type of Will can be revoked by new will or making a declaration by the testator with the purpose to revoke the same.


Living Will Registration

Registration is not compulsory but as registration gives legal validity to the document. To register a Will there is a standardized procedure which is given as follows:

1. One has to log in on our site & fill the required fields which are blank as well it should be kept in mind that while filling up the information it should be accurate. Along with draft of Will, one should also present photocopies of address proof, identity proof, details of the property.

2.Once the Will is done it should be printed on a plain paper. & the same should be attested by two witnesses affixing their Identity proof, address proof.

3. After Attestation is done the same is presented before the registrar & once the registrar scrutinizes the same, he gives the date & timing for the registration & on that given date registration is done. At the same time registrar provides the certified copy to the testator. In case if you want any assistance for registration, then our team of expert lawyers is always there to guide.


Execution of a Living Will

After the death of the testator, an executor of the Will or the heir of the deceased can apply for probate to the District C0ort or to the High Court as per the jurisdiction. The court asks for objections from the executor or the legal heirs, if there is no objection then court grants the Probate. If any objections have been received, then their citations have been served in the same. And after that Will becomes operative.


Stamp Duty Payment

There is no particular value is provided. Payment of stamp duty varies from state to state, but generally, stamp duty is calculated by taking into consideration the following factors:

  • Status of the property: whether the property is old or new
  • Location of the property
  • Usage of the property
  • Relation with Testator
  • Type of property
  • Value of the property

Validity of A Living Will

A Will is operative only after the death of the testator. It can not come into operation when the testator is alive. If it comes into operation while the testator is alive it becomes inoperative. Death of the testator is a major requirement for Will.


Revocation of The Living Will

Revocation or alteration of a Will is done by Testator only at any time when he is capable of disposing of the Will. Revocation can be done in any of the following three ways:

1) Destroy the old Will:

The easiest way to revoke the Will is to destroy it completely. Like one can burn it, tear it or shred it. So that it will get revoked.

2) Making a new Will:

If one is making a new Will then it automatically makes the old will invalid.

3) Make changes to a new Will:

A testator can make changes to an existing Will & this can be treated as a revocation. Such revoked Will is treated as Codicil.


Probate

Probate in simple language means a copy of the Will certified by the Court of competent jurisdiction under the Seal with the grant of administration of the estate of the testator. The main purpose of obtaining the probate is to authenticate the Will.


Benefits of Living Will

A Will has following benefits which are given as under:

1. Proper Allocation:

The main benefit of making a Will is that it becomes easy to allocate the property among legal heirs of the deceased. Otherwise, if Will has not been made then the property has been allotted as per rules of succession not as per the wish of deceased. deceased regarding

2. Avoids Future Problems:

The main intention of making a Will is to avoid confusion over property in the future. If any person is dying intestate then it creates problems among the relatives of deceased regarding the property which simultaneously ends on property dispute.

3. Protects your estate from being contested:

Careful drafting of Will lessens the chances of the property being contested.

4. Provide more room for inheritance:

The basic use of a Will it gives preference to inheritance over the other relations. When the word inheritance comes it means the disposition to his legal heirs like son, daughter, spouse, parents & then after that other relation comes into the picture. Only in exceptional cases other than legal heirs, names of other persons can be included.


Laws relating to Living Wills

There are various laws relating to Will, which are given as follows:

  • Indian Succession Act, 1925
  • Hindu Law (Hindus Personal Law)
  • Muslim Law (Muslims Personal Law)
  • Indian Registration Act, 1908

Living Will FAQs

What is the meaning of Will?

A Will is a legal declaration made on a paper by a person before his death regarding the allocation of property.

Who is a testator?

A Testator is a person who makes his Will with the intention to give his property to his legal heirs after the death of the testator.

What do you mean by Executor of the Will?

An Executor is a person who manages & responsible to make sure the proper functioning of the Will. Appointment of an Executor is done by the testator himself or by the competent court.

What is the main purpose behind making a Will?

The Will is basically made to distribute the property of the testator in a way which the testator has mentioned in his Will.

What is the meaning of intestate?

When any person is dying without making a Will he is said to be dying intestate.

What happens to the property of a person who is dying intestate?

If a person is dying intestate then his property devolves as per the Indian Succession Act which distributes the property as per the religion of the deceased or it can be distributed according to government or in some cases, it has happened that government takes the property as ‘state property’.

Which property can be transferred under the Will?

An individual can only transfer self-acquired property. Ancestral property is not covered under the Will.

What do you mean by Bequeath?

When any person is dying without making a Will he is said to be dying intestate.

What is Codicil?

A Codicil is a document made when there is any addition or deletion in the Will. It is similar to will& it is considered as a part of the Will.

When Will becomes operative?

A Will is operative only after the death of the testator.

What is probate?

A Probate is a certified copy which was authenticated by the Court of appropriate jurisdiction so that a Will becomes a legal document.

How Probate gets its validity?

Probate gets its validity only after the grant from the District Court of proper jurisdiction or from the High Court.

Is registration of Will is required?

Registration is optional. There is no compulsion on the registration & as well non-registration of the Will do not make it invalid.

What are the benefits are available registration of Will?

Registration of will put the document in the safe hands of the Registrar. So there are less chances of losing or mutilating or destroying of will. It is also considered as a proof of the genuineness of the Will.

What if the original Will gets lost?

Let me tell you one thing if the original Will gets lost it will not be treated as a revocation of the Will. But testator must show the genuine reason for the lost. If it is proven the genuine reason then only the subsequent Will gets its validity

What is the meaning of revocation of Will? & How it works?

When one person is destroying the Will, it is said to be revoked. Or if one person is making a new Will then the previous Will becomes inoperative.

Who is a beneficiary?

When any person is dying without making a Will he is said to be dying intestate.

What is the stamp duty on Will?

Stamp duty is different for different documents. As such, there is no particular format or there is no such calculation available in the tabular form which gives a precise amount of stamp duty. In the case of Will, the stamp duty differs on the basis factors like property, relation with the testator, the location of the property, etc.

What all details are required while doing a Will?

While doing a Will one needs to provide the proper details of the property which testator holds like Bank Accounts, jewelry, the real estate his/her legal heirs or the beneficiaries to whom one wants to give the property.

Where to store the Will after making it?

Once the Will is made one can keep one copy with the Registrar or with the lawyer or one can also keep the copy of the Will with himself.

What is the difference between a Will & a Gift Deed?

Normally people do have confusion with the gift deed and will. Due to the confusion, they land upon the conclusion that both are one &the same.But let me tell you one thing, in reality, both concepts are too much different. The applicability, functioning to the drafting everything differs in both.A Will is a document which depicts the wishes of the testator regarding the allocation of the property after his death. Whereas, a Gift Deed is a document made out of natural love & affection where one wishes to gift or to give his property to other. There is no factor of consideration is involved in both. A Will becomes operative after the death of the testator. Whereas, in gift deed any person can give property at any time there is no such condition.

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