Drafting a Will

Saptaparni Raha
Sep 21, 2022
2 min read

Written by Saptaparni Raha, Lawyer

Ria is worried about the assets she owns being distributed after her death. She went to her friend's firm Shweta Consultancy Services for some suggestions.

She was suggested to draft a will.

Introduction:

A will is a tangible reminder of mortality. It is the most important legal document as it allows a person to choose the recipient of their assets. A person has to complete his or her 21 years of age with a sound mind and who thinks bequeathing to the person is near and dear to them.

Which Assets Of Yours Can Be Bequeathed As A Will?

A person cannot transfer his inherited property because it cannot be legally transferred. A person who is a Hindu can bequeath his portion of the acquired property through inheritance. He may make a will of his flats, cars, land, and even obligations and liabilities.

Few Must-Have Clauses For Your Will:

The first clause is the Declaration Clause, where you need to declare your name, age, address, and other basic information. You should specify that you are writing it in your full sense, and you must specify the time at which you are writing your will.
Next, you need to list down your assets. You have to indicate where all these documents are stored. The safest place to store it in the bank deposit safety box.
After that, you need to mention the division of assets and the name of the recipient of your assets. If there is any minor who is a recipient of your asset, then make sure to mention a guardian who shall take care of the asset until the minor completes 18 years of age.
Last but not least, you need to sign your will in the presence of two witnesses. The witnesses can be close friends or a neighbour, but should not be direct beneficiaries of your will.

Where can you Execute your Will?

Your will can be executed in court or before a magistrate. It makes the process division easy.

Probate:

A copy of the will certified under the seal of the court is known as probate. A probate petition has to be filed by an executor, which may take six months to a year. The executor cannot establish his rights until the court grants probate of the will. Only the executor has the right to have the probate of a will.

Conclusion:

Will is considered to be a legal declaration of the testator regarding his property. It can only be effective after the death of the testator. A testator may revoke the will at any time during his lifetime.

References:

Haridya Iyengar. (2016). How to Draft a Will. retrieved from How To Draft A Will - iPleaders
Anubhav Kumar Pandey. (2017). How I can draft my will myself. retrieved from Will drafting How can I draft my will myself-iPleaders