EXPERIENCED ADVOCATE FOR DRAFTING A WILL AT AFFORDABLE AND REASONABLE RATES IN ANDHERI EAST NEAR METROPOLITAN MAGISTRATE COURT WHAT IS A WILL? A will or testament is a legal document by which a person, the testator, expresses their wishes as to how their property is to be distributed at death, and names one or more persons, the executor, to manage the estate until its final distribution. As per Section 2(h) of Indian Succession Act, 1925 provides that Will means the legal declaration of the intention of a person with respect to his property, which he desires to take effect after his death Will has been defined in Corpus Juris Secundum as A ‘Will’ is the legal declaration of a man’s intention, which he wills to be performed after his death, or an instrument by which a person makes a disposition of his property to take effect after his death. A last will and testament is a legal document that communicates a person’s final wishes pertaining to possessions and dependents. A person’s last will and testament outlines what to do with possessions, whether he is leaving them to another person or group or donating them to charity, and what happens to other things for which he is responsible, such as custody of dependents and accounts and interests’ management. A will made by a Hindu, Buddhist, Sikh or Jain is governed by the provisions of the Indian Succession Act, 1925. However, Mohammedan are not governed by the Indian Succession Act, 1925 and they can dispose their property according to Muslim Law. WHY DO YOU NEED A WILL? Four reasons why you need a will:  A will makes it much easier for your family or friends to sort everything out when you die – without a will the process can be more time consuming and stressful.  If you don’t write a will, everything you own will be shared out in a standard way defined by the law – which isn’t always the way you might want.  A will can help reduce the amount of Tax that might be payable on the value of the property and money you leave behind.  Writing a will is especially important if you have children or other family, who depend on you financially, or if you want to leave something to people outside your immediate family. WHAT DOES A WILL INCLUDE? A Will does not need to adhere to any specific form or feature a certain language. However, the document must disclose the intention of the testator must make dispositions of his or her property that come into effect after his death. Hence, it will constitute the following: • Appointment of an executor who will administer the estate • Property or assets owned by the testator • Property or assets to be inherited by children or charitable trust or otherwise and the ratio of distribution • Care of minors that the testator is responsible for • Minors share treatment, till they are legally entitled to inherit it • Residual clause for distribution of assets that are remaining HOW SHOULD A WILL BE EXECUTED? The sole purpose of appointing an executor is to execute a will. The executor will be given the rights to ensure that all the contents of the Will be executed correctly. An executor is responsible for administering the estate of a testator. When the testator does not appoint an executor in the will, the legal heirs can appoint an administrator to execute the will and carry out the executor’s responsibilities. In some states, the probate of a will is mandatory. In the states where the probate is mandatory, the executor or legal heirs must apply to the district court for probate of the will. A probate court is a segment of a judicial system that primarily handles matters such as wills, estates, conservatorships, and guardianship. CAN WILL BE REGISTERED? In India, registration of documents is covered by Registration Act, 1908. Section 18 of Registration Act provides a list of documents for which registration is optional. Wills are covered under (e) of the said section 18. Relevant extract reads as follows: Registration of Wills is not compulsory and depends on the choice of the testator. Typically, the testator will have to visit the office of the sub-registrar of the area for registration of his / her Will. The personal appearance of the testator before a government official with the original Will adds to the reliability and trustworthiness of the Will. A registered Will provides strong legal evidence against challenges about the mental capacity of the testator to make a Will (whether due to illness or due to influence of alcohol or medication etc.). It is presumed that there is little chance that a person in state of mental incapacity will have the ability to first make a Will and then go through the trouble of registering it. Registration reduces the chances that the Will may be challenged as being a forgery. However, other challenges to a Will as being signed under undue influence etc. are still open.In essence, registration does strengthen the Will in some respects even though it does not make it cast in stone. Registr