We often hear people saying “Where there’s a will, there’s a way.” It’s mostly used for encouragement. But here in this blog we will learn about its another dimension- A more practical and personal one. Here we will talk about the other kind of will- A Legal will.

In South Asia, most of the household neglect the idea of Drafting a Will it is still tagged as a taboo, people refrain to talk about it by saying “Why talk about death” its bad omen. But a legal will is not something negative it gives us clarity, and relieves our future tensions. A will bring us peace instead if conflicts its gives clarity to confusion that may arise in future. We can say ‘A strong willpower encourages to write a Will’.  A Will is a kind of future planning; it provides a clear path to future- the way you want things to be done in future.

A legal will is a document, in which a person declares how he wants his assets to be distributed in his absence (death or incapacity), it can include all types of assets like property, bank, jewellery and even appointment of guardian for their children.

A clear registered will ensures that there is no conflict among the heirs regarding the distribution of property of the testator, prevents legal battles and makes sure that all wishes of the testator are granted.

Why people are avoiding making wills?  

Reasons for not making/avoiding will are very surprising, you’d be surprised to know how many people are avoiding this crucial document, the quite common reasons are:

• too young to make a will- life is unpredictable and it is always smart move to keep things sorted for future.
• It’s bad omen to talk about death- it’s not about death; it’s about future of your loved ones which may be affected after your departure.
• Heir will short it out themselves- it creates conflict between the children which can be avoided by making a will.
• I don’t own that much assets- even a small piece of land can create conflict among the heirs.

A will is the way to avoid these common mistakes.

Let’s bust some myths

• Only people with great possessions need wills: No, anyone with any assets or dependents needs a will it’s not about the size of possession.
• Verbal instructions are enough: Legally, only a written, signed Will counts as valid Will.
• Making a will means you’re expecting to die soon: Making a Will means you’re being responsible and prepared for a future that is uncertain.
• Will can’t be changed: You can make changes in your will whenever you want to, actually it is quite important to review your will time to time as per situations.

Real-Life Examples

In the case of Partap Singh vs. Dhani Ram (2023), the Hon’ble High Court of Himachal Pradesh upheld a properly executed Will that clearly distributed ancestral property to grandchildren. The Court ruled that a coparcener can Will his share, and the valid Will prevented family disputes by settling inheritance issues in advance, hence it was proved that a Will is a crucial document in avoiding legal conflicts.

A will has power to protect, guide and provide even when you are not around anymore.

Will an act of Love and Care

A will is not a not just a legal document or just a legal formality it is an act of love towards your loved ones and a final gift to your family. It allows you to:

• Provide for dependents after your death/incapacity.
• Recognize friends or carers to look after your assets in your absence.
• Leave charitable legacies like gift or donations that you want to leave for lasting impact on society,
• Express your personal wishes and preferences like, burial and distribution of sentimental items.

Legal side of a will

In India, a will can be handwritten or typed. The signature of the testator is must in the presence of two witnesses. Registration of a will is optional but it is very crucial, as a registered will is hard to challenge in court of law as it validates authenticity.

Steps of Writing a Will

• List your assets: list all your assets (properties, investments, bank accounts, and valuables).
• Choose your beneficiaries: Decide who will be your beneficiaries, who will inherit your possessions.
• Appoint an executor: Executor is the person who will ensure your wishes are carried out after your death, he will the person to execute you Will.
• Write and sign the will: After clearly mentioning all your wishes and desires, mention your full name and date.
• Get it witnessed: Two witnesses are mandatory at the time of signing of the will except the beneficiaries.
• Get it Registered: Get your will registered to make it more authentic and less questionable.
• Store it safely: Keep the original will at a secure place and inform most trusted person about it.

Conclusion:

We started by saying that “Where there’s a will, there’s a way.” Let’s rephrase that with “Where there’s a will, there’s peace.”

Surely a will provides a clear way for the inheritors, but most importantly it provides peace of mind to testator and a conflict-free future to inheritors. Creating a will may feel like quite a task, something that can be avoided but avoiding it can cost a fortune to your loved one, because a family dispute that leads to legal dispute can make pockets go empty, and creating a will can prevent happening of such situations.  It shows that you care enough to make things easier for the people you leave behind.

Don’t waste your time waiting for the right time to create your Will. Take some time out and create your will because there is not any ‘right time’ unless you make it. Make your will today. After all, where there is will there is not just way there is way, security, safety and peace.