MYTH-32. AN ONLINE WILL IS SUFFICIENT TO BEQUEATH PROPERTY


1. Indian law does not recognize online Wills, as they must be signed and attested.
2. Several Web portals and companies allow you to make an online Will by registering on their websites, with step-by-step guidance, and the service provider e-mails a draft of your Will.
3. However, you have to get a physical copy of the Will as India does not recognize the concept of an online Will or digital signature.
4. Therefore, you need to take out a print of the online Will and sign it in the presence of two attesting witnesses without which the document would be deemed invalid.
5. Though not mandatory, you can get the Will registered as well.
6. Online portals, therefore, merely help you draft the Will, but signing it and getting it attested is your responsibility.
7. Tips for making a Will:
a) Clearly name the individuals to whom you wish to pass on your assets.
b) Don’t use nicknames or incomplete names.
c) If assets are quantifiable, such as cash, mention the amount.
d) Where it cannot be quantified, give a clear description of the property.
e) The attesting witnesses or their spouses should not benefit from the Will in any way.
f) Appoint an executor for your Will, for seeing that your directions are carried out in the manner stated in your Will.
g) Though it is not mandatory, have a probate for your Will, as it establishes the legal capacity of the person writing the Will.