FAQs

• A will, also known as a last will and testament, is a legal document that outlines a person’s wishes regarding the distribution of their assets and the management of their affairs after their death. In a will, the person making the will, known as the testator, can specify who will inherit their property, including real estate, money, investments, personal belongings, and other assets. Additionally, the testator can designate an executor, who is responsible for carrying out the instructions outlined in the will, including settling debts, paying taxes, and distributing assets to beneficiaries according to the testator’s wishes.

• Distribution of Assets: A will allows you to specify how you want your assets to be distributed after your death. Without a will, your assets will be distributed according to the intestacy laws of your jurisdiction, which may not align with your wishes.

Executor Appointment: In your will, you can appoint an executor to manage your estate and ensure that your wishes are carried out. This can help streamline the probate process and provide clarity on who is responsible for settling your affairs.

Guardianship of Minor Children: If you have minor children, a will allows you to designate guardians to care for them in the event of your death. This ensures that your children are placed in the care of individuals you trust and who share your values.

Avoiding Family Disputes: A clear and comprehensive will can help prevent disputes among family members over the distribution of assets. By outlining your wishes in writing, you reduce the likelihood of disagreements and potential litigation among your heirs.

Tax Planning: A well-crafted will can also help minimize taxes and maximize the value of your estate for your beneficiaries. Through estate planning strategies, such as trusts and tax-saving provisions, you can protect your assets and minimize tax liabilities.

Peace of Mind: Having a will provides peace of mind, knowing that you have taken steps to ensure that your affairs are in order and that your loved ones will be taken care of according to your wishes. It can alleviate stress and uncertainty for both you and your family members.

Charitable Giving: If you have philanthropic goals, a will allows you to make charitable bequests to organizations or causes that are important to you. This allows you to leave a legacy and support causes that are meaningful to you even after your death.

Overall, having a will is an essential aspect of responsible financial and estate planning. It provides control over the distribution of your assets, ensures the well-being of your loved ones, and provides peace of mind knowing that your wishes will be honored.

• If a person dies without making a will, they are said to have died “intestate.” In such cases, the distribution of their assets and property will be determined by the laws of intestacy in the jurisdiction where they lived. Typically, the assets will be distributed among their surviving relatives according to a predetermined hierarchy, such as spouse, children, parents, siblings, etc., depending on the specific laws of the jurisdiction. The process can vary significantly from one jurisdiction to another. It’s generally advisable for individuals to create a will to ensure their wishes are carried out and to simplify the distribution of their assets after their passing.

• Generally, any adult of sound mind can create a will. This means they must be mentally competent and must be making the will of their own free will, without any undue influence. Some jurisdictions may have specific requirements or restrictions regarding who can create a will, so it’s advisable to check the laws in your particular area. Additionally, it’s often recommended to seek guidance from a legal professional when creating a will to ensure that it accurately reflects your wishes and complies with all legal requirements.

• You can write your own will, but it’s generally recommended to seek guidance from a lawyer, especially if your estate is complex or if you have concerns about potential disputes. A lawyer can ensure that your will is legally valid, properly executed, and reflects your intentions accurately. However, if your estate is relatively straightforward and you’re confident in your ability to create a valid will, you may choose to do it yourself using templates or online resources.

• Comprehensive will typically includes the following elements:

• Identification: Your full legal name and address.

• Executor: The person you appoint to carry out the terms of your will and handle your estate after your passing.

• Beneficiaries: The individuals or organizations who will inherit your assets and property.

• Guardianship: If you have minor children, you can nominate a guardian to care for them in the event of your death.

• Assets: A detailed list of your assets, including real estate, bank accounts, investments, vehicles, personal belongings, and any other valuable items.

• Debts and Taxes: Instructions for how your debts, taxes, and funeral expenses should be paid from your estate.

• Specific Bequests: Any specific gifts or bequests you want to make, such as sentimental items or charitable donations.

• Residuary Clause: Instructions for how any remaining assets should be distributed after specific gifts have been made.

• Witnesses: Most jurisdictions require wills to be witnessed by at least two disinterested witnesses who are not beneficiaries.

• Date and Signature: The will should be dated and signed by you in the presence of witnesses, following the legal requirements of your jurisdiction.

It’s important to review and update your will periodically, especially after major life events such as marriage, divorce, the birth of children, or significant changes in your financial situation. Additionally, it’s advisable to seek legal advice to ensure that your will is legally valid and accurately reflects your wishes.

• Choosing an executor for your will is an important decision. Here are some factors to consider when selecting the right person:

Trustworthiness: Select someone you trust implicitly to carry out your wishes faithfully and responsibly.

Organizational Skills: Your executor should be someone who is well-organized and capable of handling financial and administrative tasks efficiently.

Availability: Consider whether the person you have in mind has the time and availability to fulfill the duties of an executor, which can be time-consuming, especially during the probate process.

Financial Acumen: It’s helpful if your executor has some financial knowledge or is comfortable working with financial professionals to manage your estate.

Family Dynamics: Consider how your choice of executor might affect family dynamics. Choosing a neutral party or someone who can navigate potential conflicts can help prevent disputes among beneficiaries.

Willingness: Before appointing someone as your executor, it’s essential to discuss the role with them to ensure they are willing to take on the responsibility.
Backup Executor: It’s wise to name a backup executor in case your primary choice is unable or unwilling to serve when the time comes.

Professional Executor: If you don’t have a suitable family member or friend to serve as your executor, you may opt for a professional executor, such as a lawyer or a trust company, although this option usually involves fees.

Ultimately, the most important factor is choosing someone you trust to manage your affairs and carry out your wishes in accordance with your will. It’s advisable to discuss your decision with the person you have in mind to ensure they understand their responsibilities and are comfortable accepting the role.

Accordion ContentYes, you can change your will after creating it. In fact, it’s often advisable to review and update your will periodically, especially after significant life events such as marriage, divorce, the birth of children, or changes in your financial situation.

You can update your will by drafting a new one that explicitly revokes any previous wills or by making amendments, known as codicils, to your existing will. Codicils are additional documents that modify specific provisions of your will without invalidating the entire document. However, it’s important to ensure that any changes you make are executed properly and in accordance with the laws of your jurisdiction to avoid any confusion or legal challenges later on.

Additionally, when making changes to your will, it’s advisable to seek guidance from a legal professional to ensure that your modifications are properly drafted, legally valid, and accurately reflect your current intentions.

• To ensure your will is legally valid, consider the following steps:

• Meet Legal Requirements: Ensure your will meets the legal requirements of your jurisdiction. These requirements may vary, but typically include being of sound mind, having the document in writing, signing it in the presence of witnesses, and having the witnesses sign the will as well.

• Clear Intentions: Clearly state your intentions for the distribution of your assets and property. Avoid ambiguous language or conflicting instructions.

• Signature and Witnessing: Sign your will in the presence of witnesses, and ensure they also sign it. Most jurisdictions require at least two witnesses who are not beneficiaries to witness the signing of the will.

• Date the Will: Date your will to establish when it was created. This can be important in case multiple versions of your will exist or if there are disputes about its validity.

• Use Professional Guidance: Consider seeking advice from a lawyer who specializes in estate planning. They can ensure your will complies with all legal requirements and help you avoid common pitfalls.

• Keep the Original Document Safe: Store the original copy of your will in a secure location, such as a safe deposit box or with your attorney. Inform a trusted individual, such as your executor, of its whereabouts.

• Review and Update: Regularly review and update your will to reflect any changes in your circumstances or wishes. Major life events like marriage, divorce, births, deaths, or significant changes in your financial situation may necessitate updates to your will.

By following these steps and seeking professional advice if needed, you can help ensure that your will is legally valid and accurately reflects your wishes for the distribution of your assets and property after your passing.

• The consequences of not having a will, also known as dying intestate, can include:

• Distribution according to laws of intestacy: Without a will, your assets will be distributed according to the laws of intestacy in your jurisdiction. This means that the distribution may not align with your wishes and may not consider the needs of your loved ones.

• Potential disputes: The lack of clear instructions in a will can lead to disputes among family members over the distribution of assets. This can result in lengthy and costly legal battles.

• No control over executor appointment: Without a will, there is no designated executor to handle the administration of your estate. The court will appoint an administrator, which may not be someone you would have chosen.

• Uncertainty: Dying intestate can create uncertainty and confusion for your loved ones during an already difficult time. They may not know how to handle your affairs or who is entitled to inherit your assets.

• Increased costs and delays: The probate process for intestate estates can be more complex and time-consuming than for estates with a will. This can result in increased legal fees, administrative costs, and delays in distributing assets to beneficiaries.

• Inheritance for unmarried partners or stepchildren: Without a will, unmarried partners and stepchildren may not be entitled to inherit from your estate, even if that was your intention.

Overall, not having a will can lead to a lack of control over the distribution of your assets, potential disputes among family members, and increased costs and delays in settling your estate. It’s advisable to create a will to ensure that your wishes are carried out and to simplify the administration of your estate for your loved ones.

• Yes, a will can be contested under certain circumstances. Common reasons for contesting a will include:

• Lack of Capacity: If the testator (the person making the will) was not of sound mind or did not have the mental capacity to understand the nature and consequences of making a will at the time it was created, the will may be challenged.

• Undue Influence: If someone exerted undue influence over the testator, coercing them into making or changing their will in a way that does not reflect their true intentions, the will may be contested.

• Fraud or Forgery: If there is evidence that the will was forged or that the testator was deceived into signing a document they believed to be something else, the will may be challenged.

• Improper Execution: If the will was not executed in accordance with the legal requirements of the jurisdiction, such as lacking the necessary witnesses or signatures, it may be contested.

• Ambiguity or Uncertainty: If the language of the will is unclear or ambiguous, leading to confusion about the testator’s intentions, it may be contested.

• Revocation: If a more recent will exists that revokes the previous one, or if the testator destroyed the will with the intention of revoking it, the validity of the will may be contested.

Contesting a will can be a complex and time-consuming legal process, often requiring evidence and legal arguments to support the grounds for contesting the will. It’s advisable to seek guidance from a qualified legal professional if you believe you have grounds to contest a will or if you anticipate a challenge to your own will.

• The primary difference between a will and a living trust lies in when they take effect and how they handle asset distribution:

• Effectiveness:

A will only takes effect after your death.

A living trust becomes effective as soon as it’s created and assets are transferred into it.

• Asset Distribution:

A will dictates how your assets will be distributed after your death through a process called probate.

A living trust allows for the transfer of assets to beneficiaries without the need for probate, which can be faster and more private.

• Flexibility:

Wills are relatively straightforward and allow you to appoint guardians for minor children and an executor to manage your estate.

Living trusts can provide more flexibility in managing assets during your lifetime and can specify conditions for distribution to beneficiaries.

Ultimately, the choice between a will and a living trust depends on factors such as your preferences, the complexity of your estate, and your goals for asset distribution and management. It’s often recommended to consult with a legal professional to determine the best option for your specific situation.

• Even if you don’t have many assets, having a will can still be beneficial for several reasons:

• Asset Distribution: A will allows you to specify how you want your assets to be distributed after your death, regardless of the amount. This can include personal belongings, sentimental items, and any remaining assets.

• Appointment of Guardians: If you have minor children, a will allows you to designate guardians who will take care of them in the event of your death.

• Executor Appointment: You can name an executor in your will who will be responsible for managing your estate and ensuring that your wishes are carried out.

• Avoiding Intestacy Laws: Without a will, your assets may be distributed according to intestacy laws, which vary by jurisdiction and may not align with your wishes.

• Minimizing Conflicts: A clear and legally binding will can help prevent disputes among family members regarding asset distribution and other matters.

While the complexity of your estate may influence the need for a will, having one in place ensures that your wishes are documented and can provide peace of mind for you and your loved ones. It’s always a good idea to consult with a legal professional to determine the best course of action based on your individual circumstances.

• It’s generally recommended to review and update your will periodically, especially when significant life events occur. Some common milestones or changes that might prompt a review of your will include:

• Changes in Family Status: Marriage, divorce, birth or adoption of children, or the death of a spouse or beneficiary may necessitate updates to your will.

• Financial Changes: Significant changes in your financial situation, such as acquiring new assets, inheriting wealth, or changes in business ownership, may require adjustments to your will.

• Relocation: Moving to a different state or country can affect the validity and interpretation of your will due to differing laws. It’s advisable to review your will when you relocate.

• Changes in Wishes: If your preferences regarding asset distribution, guardianship of minor children, or other matters outlined in your will change, you should update it accordingly.

• Executor or Guardian Changes: If the individuals you’ve named as executor, trustee, or guardian are no longer suitable or willing to fulfill their roles, you may need to appoint new ones.

• Tax Law Changes: Changes in tax laws may affect your estate planning strategies. It’s a good idea to review your will in light of any significant tax law changes.
  

A good rule of thumb is to review your will every few years, even if there haven’t been any major life changes, to ensure that it remains up-to-date and reflects your current wishes. Additionally, it’s wise to consult with a legal professional when making updates to ensure that your will complies with applicable laws and is properly executed.

• Executor or Guardian Changes: If the individuals you’ve named as executor, trustee, or guardian are no longer suitable or willing to fulfill their roles, you may need to appoint new ones.

• Tax Law Changes: Changes in tax laws may affect your estate planning strategies. It’s a good idea to review your will in light of any significant tax law changes.

A testamentary trust is a type of trust that is created through a person’s will and only takes effect after their death. Unlike a living trust, which is established during the person’s lifetime, a testamentary trust is formed upon the distribution of assets according to the terms of the will.

Key features of a testamentary trust include:

Creation: The trust is created through specific provisions in the individual’s will, outlining how the trust should be established and managed.

Effective Upon Death: The trust does not come into effect until after the individual passes away, at which point the assets are transferred into the trust according to the terms of the will.

Trustee Appointment: The will typically designates a trustee who will be responsible for managing the trust assets and distributing them to the beneficiaries as outlined in the will.

Flexibility: Testamentary trusts can be structured to meet the specific needs and goals of the individual, such as providing for minor children, protecting assets for beneficiaries, or minimizing tax liabilities.

Duration: The duration of a testamentary trust can vary based on the terms specified in the will. It may continue for a set period or until certain conditions are met, such as beneficiaries reaching a certain age.

Testamentary trusts can be a useful tool for estate planning, allowing individuals to control the distribution of their assets and provide for their loved ones according to their wishes. It’s important to work with a legal professional when creating a testamentary trust to ensure that it is properly structured and meets all legal requirements.

Yes, you can definitely leave specific items to certain people in your will. This is commonly referred to as making specific bequests. In your will, you can specify particular assets or items, such as real estate, vehicles, jewelry, artwork, or sentimental belongings, and designate who you want to receive them.

When making specific bequests in your will, it’s important to be as clear and detailed as possible to avoid any confusion or disputes among your beneficiaries. You can describe the items in detail and clearly identify the intended recipient by their name or relationship to you.

Additionally, it’s a good idea to review your will periodically to ensure that your wishes regarding specific bequests remain up-to-date, especially if you acquire new assets or if your relationships with beneficiaries change over time.

Working with a legal professional experienced in estate planning can help ensure that your will accurately reflects your wishes and complies with all legal requirements.

The role of witnesses in a will is to provide evidence that the will was executed properly and voluntarily by the testator (the person making the will). Here are the key aspects of their role:

Presence and Signature Verification: Witnesses must be present when the testator signs the will, and they must also sign the will themselves in the presence of the testator and each other. Their signatures serve as evidence that the testator signed the will willingly and that they were of sound mind at the time of signing.

Legal Requirement: In many jurisdictions, having witnesses sign a will is a legal requirement for the will to be valid. The number of witnesses required varies by jurisdiction, but it’s typically two or more.

Impartiality: Witnesses should be impartial parties who have no vested interest in the contents of the will. This helps ensure the validity and impartiality of the document.

Testimony: In the event of a challenge to the validity of the will, witnesses may be called upon to testify in court regarding the circumstances of the will’s signing and the testator’s state of mind.

Protection Against Fraud: Having witnesses present helps protect against potential fraud or undue influence, as they can attest to the testator’s mental capacity and willingness to create the will.

It’s essential to select witnesses who are competent, of legal age, and not beneficiaries or closely related to beneficiaries named in the will to avoid any conflicts of interest or challenges to the will’s validity. Additionally, it’s advisable to consult with a legal professional to ensure that your will complies with all legal requirements in your jurisdiction.

Marriage and divorce can have significant effects on your will, potentially impacting how your assets are distributed and who has authority over your estate. Here’s how each event typically affects a will:

Marriage:
In many jurisdictions, marriage automatically revokes a will, unless the will was made in contemplation of marriage or specific legal provisions are in place to address the spouse.

After marriage, any existing will may become invalid or partially invalidated, depending on local laws.

It’s advisable to update your will after getting married to reflect your new marital status and any changes in beneficiaries or asset distribution preferences.

Divorce:
Similar to marriage, divorce can also impact the validity of a will in many jurisdictions.

In some places, provisions in a will benefiting a former spouse may become void upon divorce, while in others, the entire will may be revoked.

It’s crucial to review and update your will after a divorce to ensure that it accurately reflects your wishes regarding asset distribution and beneficiaries.

Additionally, divorce may not automatically revoke provisions naming a former spouse as executor or guardian, so it’s important to update these designations as well.

In both cases, it’s advisable to consult with a legal professional to understand the specific implications of marriage or divorce on your will and to ensure that any necessary updates are made promptly to reflect your current circumstances and wishes. Failure to update your will after significant life events like marriage or divorce can lead to unintended consequences and potential disputes among your heirs.

A power of attorney (POA) is a legal document that grants someone else the authority to act on your behalf in financial, legal, or medical matters. There are different types of powers of attorney, including:

General Power of Attorney: This grants broad authority to the appointed person (the agent or attorney-in-fact) to make decisions and take actions on your behalf in various matters, such as managing finances, signing contracts, or handling legal matters. It is typically effective immediately upon execution and remains in effect until you revoke it or become incapacitated.

Limited or Special Power of Attorney: This grants specific powers to the appointed person for a limited time or specific purpose. For example, you might grant someone a limited power of attorney to handle a real estate transaction on your behalf while you’re out of the country.

Durable Power of Attorney: This remains effective even if you become incapacitated or unable to make decisions for yourself. It can be general or limited in scope.

The relationship between a power of attorney and a will is as follows:

During Your Lifetime: A power of attorney allows someone to make decisions on your behalf while you’re alive, whereas a will only takes effect after your death.

Complementary Roles: A power of attorney can be used to manage your affairs if you become incapacitated, while a will dictates how your assets are distributed after your death.

Estate Planning: Both documents are essential components of estate planning.While a will addresses the distribution of assets, a power of attorney ensures that someone can manage your affairs if you’re unable to do so yourself due to illness, injury, or other reasons.

It’s important to carefully consider who you appoint as your agent under a power of attorney and to ensure that the document accurately reflects your wishes and preferences.

Similarly, it’s advisable to regularly review and update both your power of attorney and your will to reflect any changes in your circumstances or preferences. Consulting with a legal professional can help ensure that your estate planning documents meet your needs and comply with relevant laws.

Storing your will in a secure location is crucial to ensure that it remains safe and accessible when needed. Here are some options for storing your will:

Safe Deposit Box: Many people choose to store their will in a safe deposit box at a bank. This can provide a high level of security against theft, fire, and other hazards. However, it’s essential to ensure that trusted individuals, such as your executor or a family member, know about the existence of the safe deposit box and have access to it.

Home Safe or Fireproof Box: If you prefer to keep your will at home, consider storing it in a fireproof safe or lockbox. This can provide protection against fire, water damage, and theft. Be sure to inform trusted individuals about the location of the safe and provide them with access instructions.

Attorney’s Office: You may choose to store your will with the attorney who helped you draft it. Attorneys often offer safe and secure storage options for estate planning documents, providing peace of mind that your will is in professional hands.

Court Registry: Some jurisdictions allow individuals to deposit their will with the court for safekeeping. This can provide an added layer of security and ensure that the will is easily accessible when needed. However, it’s essential to check the requirements and procedures for depositing and retrieving documents from the court registry.

Will Deed is a legal document which contains the wishes of Will creator about distribution of his/her assets after death.

Because life is uncertain and making a will deed will help you to decide the distribution of your assets after your death and minimize the inheritance disputes.

Both immovable and movable property, liabilities, can be included in a Will Deed.

Yes, HUF share of Testator can form part of Will Deed

Any person who is major and is of sound mind can make a will.

Will Deed will be effective after the death of the creator of will.

You can write your will in your language, sign it and get it witnessed. List out all assets you want your will to govern. You can make a video recording of will deed execution.

Yes, one can write his/her will deed but it is prudent to take help of experts.

Will Deed made as per the requirement of applicable law is considered as valid. It is advisable to take help of legal expert.

Yes, it is in the interest of creator of will deed to update the same on periodic basis.

Under Indian Law, Registration of Will deed is optional. It is advisable to register the will.

Yes, you can change the will deed any number of times. The latest will deed is considered as final and effective.

Yes, you can cancel the will deed any time or substitute with another will deed.

Right Now!

A will deed is governed by the territorial & personal law you are subject to. In India Indian Succession Act, Hindu Succession Act, Personal Law, Shariat laws are the relevant law.

Yes, Will Deed is a reflection of your desire. You can choose to give or not to give a specific asset to a specific person.

Nominee is a trustee of particular assets say bank account or investments and is responsible to distribute that asset as per Will deed.

Any person as decided by you can be the beneficiary in your will deed, subject to applicable Laws.

Will Deed is enforceable only after the death of person who has made the will deed.

Then your assets will devolve on your heirs as per the personal law applicable to you.

Self earned property of the Teastor. Ancestral property is not subject to Will Deed.

Testator– Person making the Will. Executor– Person responsible to execute the will deed after the death of Testator. Witness– Person in whose presence will is made

Yes, 1/3 of his/her property.

Minimum Two witnesses are required.

To confirm that the person making the will has signed/executed the will deed in their presence.

A witness should be impartial/ with no personal interest with credibility and trustworthy.

Like Advocate/Doctor/ Close Relatives.

Executor is a person responsible to give effect to the Will Deed after the death of Testator.

Executor can be multiple, depending upon the complexity of will deed.

No rule. It can be based on multiple factor like relation, close friend subject matter expert, person who understands Testator better and so on.

Only the share of person making the will can be included.

It is advisable to store the Will Deed at a safe and secure location where your family can easily find it after your death. Will deed can be kept with some trusted person, advocate or Close friend.

A Probate is a certificate issued by the Civil Court confirming that the will submitted is the Last Will and no further Will had been made.

Letter of administration is an official document issued by the Court authorising a person to administer the estate of the deceased. It is issued by the court when executor is not appointed under a Will Deed or executor has died or the person died without a will deed (Intestate).