Make Will Generator

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.

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.

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.

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

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.

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.

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.

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.

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 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 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.