What is WILL and What is need to prepare WILL?

A will is a legal document that explains a person’s wish for distribution of his property and assets after their death and also the person who will be distributing it. In it, the person can also recommend a guardian for the surviving minor children and pets.

Importance of Having a Legal WILL

A will guarantees a person that his wishes will be followed after his death and will make things easier for the surviving next to kin. If someone dies their wealth and property are distributed as per the Indian Succession Law for people following Hinduism, Sikhism, Buddhism, and Jainism, whereas Muslims follow the Muslim Law.

Hindu succession act

In the case of Hindus, Sikhs, Buddhists, and Jains, the property is properly distributed among the male and female survivors equally and people with direct lineage can get the share. In case there the direct lineage is not present, it can be given to the male lineage of cousins and brothers or sisters of the dying person. If the male lineage is not present then the female side can get the property.

Muslim succession law

In the case of Muslims, it can be shared among twelve that is husband, wife, a fetus in the womb, son, daughter, daughter of a son, real brother, real sister or twins, father, mother, and paternal grandparents. It gets distributed following the number of heirs.

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The widows can claim the right only if they are not married to someone else. But if the man divorces and remarries and dies after the marriage, the first wife is not eligible for the share of the property. In both the laws, if there is no legal and any heir, the property will be taken over by the government. 

Making of a Will – LEGAL WILL FORMAT

A will has different sections which need to be complete or else it could create confusion among the heirs and the lawyers. There is a legal will format in India and it is followed whenever a lawyer drafts a will. They will format India has been used for quite some time. Follow the sample will format India given below.

• Declaration in the initial parts:

  In the first part, the person needs to declare that whatever they are doing, they are doing on their own, in their full senses, and without the pressure of anyone else. You need to confirm the name, age, and address in that document.

• Details in the document:

  In the document, you need to mention the details of the assets, wealth, and property like real estates like land and houses, fixed deposits, mutual funds, share certificates, bonds, and other investments and are to be deposited in a bank safe for safekeeping along with the will. Before death, communicate with the manager for procedures and rules of releasing from the safe deposit after the death. So that they will communicate with the executor decided by you.

• Ownership details of the share:

  At the end of the will, you need to mention the shares that need to be distributed. Which property, assets, or item will be given to whom is also be mentioned? If the heir to a portion is not an adult, then you need to appoint a custodian who will act as a guardian to the property and the heir until the heir reaches adulthood. The custodian is supposed to be a trustworthy person, trusted by the owner and the other share holders of the will.

• Signatures at necessary parts of the document:

  In the end, after completion of writing of a will, the person needs to sign the will very cautiously in the presence of two reliable witnesses who don’t have anything to do with the will, and they will be signing after your signature. That will certify that you signed in the presence of those two witnesses. The date and place should also be mentioned at the end of the will. You need to make sure that all the pages have been signed by you and the two witnesses. After the formalities, the document needs to be sealed in an envelope and the seal should be signed by you and the date of sealing has to be mentioned. The witnesses do not need to sign.

Download Sample WILL Format India

Here is some of the sample will format, which you can download in PDF format. Hope our sample will help you to form the new WILL.

Click here to download sample WILL Format in PDF.

Making your will is very important in india. Hope our WILL Format helps to make a great legal WILL for you.

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