What is the procedure for making a Will

558 votes

It is not very difficult to create a will. You need not be a ‘Rocket Scientist’ since there is no legal format or pre defined template. You may design your own will in just four parts.file0001893938572

Part 1– Start with Declaration: A Will should start with a declaration specifying your name, address, age, etc at the time of writing the will and declaring that you are writing this will in your full senses without any pressure.

Part 2– Provide list Details of property and assets: Then you start with the list of assets like house, other properties, fixed deposits, shares, bonds etc. It is better to prepare the list with some categorization like Properties, Cash and Bank Deposits, Jewellery, Shares etc. Normally, high value items are written on the top or or in the bottom. In front of every item, mention its current value and location or place where it is lying to avoid confusion and ease to locate the same in your absence. It is better to mention and define the process of release of these items if it under some lock in or safe deposit. Do not hesitate in mentioning even the small value items also.

Part 3 : Define the ownership division: Once you define the detail of your properties and other valuable assets, start with the division of the same. Clearly state the name, relation and proportion of asset for each item that you wish to give distribute among family member. In case, you are giving your property to a minor, then also define a trust worthy custodian for the same till he becomes major (above 18 years). it is important to distribute inherited properties as per applicable laws however other wealth or properties that are created with your ow efforts/earnings may be distributed the way you want.

You may also define certain scenarios where conditional division or distribution may take place due to life events. However, you need to be very careful while doing that to avoid any clash with above stated distribution or any other confusions. Generally, these confusions are the big reasons for clashes among the family members.

Part 4 : Sign the Will in front of 2 independent witnesses. Do sign on each and every page and specify the page numbers as “1 of 5″, 2 of 5” and so on. Witnesses should be independent and should not be the direct beneficiaries of the will. Do mention the date and place of the will at the end. Keep the will in sealed envelop containing your signature and date of sealing on the seal.

Advocate Siddhant Sharma LawRato

563 votes

Dear Sir / Madam
Will has to be drafted carefully. It should clearly specify the intent of the Testator (person making will in your case your parents). There is no requirement of Stamp Paper or Registration of Will. please feel free to contact me for any queries or help
warm regards
Adv. Vinit J. Mehta

Advocate Vinit Jignesh Mehta LawRato