(A) WILL MAKING
1. Any person of sane mind, if not a minor, can make a will himself, without a lawyer.
2. It all boils down to your own knowledge and comfort level in making a will, as there is no prescribed format, and does not require a lawyer to frame it, or even be present while making it.
3. It can be in any language and can either be hand-written or typed, even on a plain paper, and it will be as legally valid as one prepared by any lawyer, even if not registered.
4. Having said that, a lawyer can help you to avoid ambiguity and vagueness in terms of your expression and thought, leaving its interpretation to a court if disputed.
5. A Do It Yourself testator should, therefore, avoid these mistakes :-
a) Improper signature and attestation of witnesses
b) Gifting property to attesting witnesses
c) Using nicknames or incomplete names and relationships
d) Improper description of your property
e) Exclusion of legal heirs in case of ancestral property
f) Passing on property to unborn people
g) No residuary legatee
h) Immoral or impossible conditions imposed for inheritance
i) Rule against perpetuity
j) Not updating your will through codicils or a fresh one
k) No probate (court certification), where mandatory
(B) WILL REGISTRATION
1. As a will can be challenged in courts on the grounds that it was made under coercion or undue influence, getting it registered establishes its genuineness and that the will was made by the individual in complete control of his faculties.
2. It also makes it easier for your heirs to get a probate, which is a copy of the will that has been certified by a court.
3. Registration implies that the person writing the will and the witnesses have appeared before the registering officers who have verified their identity and attested the same.
4. No stamp duties are payable for writing or registering a will, and minor costs such as court fee are to be paid.
5. After registration, the custody of the will is with the office of the registrar, and can be modified only by a codicil or a fresh will, both of which must be registered too.
6. It is a good practice to register a will even if it is not mandatory, if immovable property is part of the wealth being bequeathed.
7. Several authorities insist on a registered will to transfer immovable property to legal heirs.
8. However, a registered will can also be challenged in a court, as it does not get any additional legal sanctity after registration.
(C) SERVICE PROVIDERS
1. At a cost, they can make your will, store it, help in registering it, as well as act as executors too.
2. In fact, they can also provide latest tech-services like a video-recorded will (making as well as executing it) and a digital will (for distribution and continuation of your "online" properties like e-mail and social networking accounts).
1. Any person of sane mind, if not a minor, can make a will himself, without a lawyer.
2. It all boils down to your own knowledge and comfort level in making a will, as there is no prescribed format, and does not require a lawyer to frame it, or even be present while making it.
3. It can be in any language and can either be hand-written or typed, even on a plain paper, and it will be as legally valid as one prepared by any lawyer, even if not registered.
4. Having said that, a lawyer can help you to avoid ambiguity and vagueness in terms of your expression and thought, leaving its interpretation to a court if disputed.
5. A Do It Yourself testator should, therefore, avoid these mistakes :-
a) Improper signature and attestation of witnesses
b) Gifting property to attesting witnesses
c) Using nicknames or incomplete names and relationships
d) Improper description of your property
e) Exclusion of legal heirs in case of ancestral property
f) Passing on property to unborn people
g) No residuary legatee
h) Immoral or impossible conditions imposed for inheritance
i) Rule against perpetuity
j) Not updating your will through codicils or a fresh one
k) No probate (court certification), where mandatory
(B) WILL REGISTRATION
1. As a will can be challenged in courts on the grounds that it was made under coercion or undue influence, getting it registered establishes its genuineness and that the will was made by the individual in complete control of his faculties.
2. It also makes it easier for your heirs to get a probate, which is a copy of the will that has been certified by a court.
3. Registration implies that the person writing the will and the witnesses have appeared before the registering officers who have verified their identity and attested the same.
4. No stamp duties are payable for writing or registering a will, and minor costs such as court fee are to be paid.
5. After registration, the custody of the will is with the office of the registrar, and can be modified only by a codicil or a fresh will, both of which must be registered too.
6. It is a good practice to register a will even if it is not mandatory, if immovable property is part of the wealth being bequeathed.
7. Several authorities insist on a registered will to transfer immovable property to legal heirs.
8. However, a registered will can also be challenged in a court, as it does not get any additional legal sanctity after registration.
(C) SERVICE PROVIDERS
1. At a cost, they can make your will, store it, help in registering it, as well as act as executors too.
2. In fact, they can also provide latest tech-services like a video-recorded will (making as well as executing it) and a digital will (for distribution and continuation of your "online" properties like e-mail and social networking accounts).