Simple will

What is Simple will?

A will is a testament or a written document through which an individual (testator) can describe how wealth of that individual is to be distributed among his/her descendants. The person making the Will can also name an executor i.e. a person who would carry out the proceedings of the Will, along with naming legal guardians for the testator’s children especially in case they are minors. It is a legal declaration regarding the distribution and management of property of a person after their death. 

Why is it required?

A Will must be made in order to decide who should receive your properties after your death. Making a Will avoids many future legal troubles and fights within the family. A Will also states how the property should be managed, thus leaving out ambiguities. It is also used to make sure that your children are taken care of as a guardian for them can also be appointed by way of a Will. Thus a Will is the best way to ensure safety and financial security for your family and loved ones. 

What should it cover?

1. Declaration in the beginning stating that it is your Last Will and that you are making it in your senses and free from any pressure,

2. Name, address and age of the testator,

3. Decision and details regarding the property and documents,

4. Names of beneficiaries - in a clear and unambiguous way,

5. Legal guardian for children if they are minors,

6. Name of the executor,

7. Any other wishes such as particulars regarding funeral, or wishes regarding care of your pets if any, 

8. Signatures of the testator and witnesses.

Format for Legal Document

DRAFT OF WILL

 I, ______________, son of Shri _______________, aged __ years, resident of _____________________________, do hereby revoke all my former Wills, Codicils and Testamentary dispositions made by me. I declare this to be my last Will and Testament.

I maintain good health, and possess a sound mind. This Will is made by me of my own independent decision and free volition. Have not be influenced, cajoled or coerced in any manner whatsoever.

I hereby appoint my ________________, as the sole Executor of this WILL.

The name of my wife is _________________. We have two children namely, (1) __________________ (2) ________________, I own following immovable and movable assets.

1.     One Flat No.___ in _______________________.

2.     Jewellery, ornaments, cash, National Saving Certificate, Public Provident Fund, shares in various companies, cash in hand and also with certain banks.

All the assets owned by me are self-acquired properties. No one else has any right, title, interest, claim or demand whatsoever on these assets or properties. I have full right, absolute power and complete authority on these assets, or in any other property which may be substituted in their place or places which may be Acquired or received by me hereafter.

I hereby give, devise and bequeath all my properties, whether movable or immovable, whatsoever and wheresoever to my wife, _____________________, absolutely forever.

IN WITNESS WHEREOF I have hereunto set my hands on this ____ day of ____, 20__ at ____________.

TESTATRIX

SIGNED by the above named Testatrix as his last WILL and Testament in our presence, who appear to have perfectly understood & approved the contents in the presence of both of us presents, at the same time who in his presence and in the presence of each other have hereunto subscribed our names as Witnesses.

WITNESSES :

1.

2.

Documents Required

One may require birth, death, marriage, divorce certificates, along with bank account papers, property papers, insurance papers, etc. One may also require id proofs of beneficiaries. 

Procedure

Although you can draft your own Will, it is important that you hire a lawyer as a first step he/she can ensure a smooth process with all details and information that should be put within a Will. A testator should first of all prepare his/her mind on how the property is to be managed and distributed and then put it on paper. Another option is to make a Will on your own and then get it checked by a lawyer. Once the Will is drafted, it should be signed by you and 2 other witnesses. After this, if you wish to make your Will even more secure, you should get it registered. 

Legal Considerations

Will in India is governed by the Indian succession Act 1925 for all religions, except Islam. Anyone above the age of 21 can make a Will. A Will can be registered and although it is not a necessary step, it has several advantages. A registered Will is more secure as it cannot be tampered with, lost or stolen easily - it is kept in safe custody by the Registrar. 

How can a lawyer help?

It is important to hire a documentation lawyer in order to draft your Will as such an important document must be absolutely clear and unambiguous. A lawyer will be able to draft your Will smoothly - with all the necessary information that must be included in a Will, thus helping in avoiding legal and mental battles for your family after your death. Hiring a lawyer from the beginning is especially important if you have many assets and require assistance in ensuring that your complex wishes regarding your estate(s) are put on paper seamlessly and absolutely clearly.