Below are some of the frequently asked questions regarding a WILL.

What is a will?

A will is a legal document that outlines how a person’s assets and property should be distributed after their death.

Why should I write a will?

Writing a will ensures that your assets are distributed according to your wishes, helps avoid disputes among heirs, and can provide financial security for your loved ones.

Who can write a will?

Any individual who is at least 18 years old and of sound mind can write a will in India.

Who are the key people involved in a will?

The testator (person writing the will), beneficiaries (recipients of assets), executor (person who carries out the will’s instructions), and witnesses (who attest the will).

Do I need a lawyer to write a will?

While it is not legally required to have a lawyer, consulting one is recommended to ensure the will is legally sound and covers all necessary aspects.

How should I choose an executor?

Choose a trustworthy and responsible individual who is capable of managing your estate and carrying out your wishes as specified in the will.

What assets should I include in my will?

Include all significant assets such as property, bank accounts, investments, jewelry, and personal belongings.

Can I change my will after I write it?

Yes, you can change your will at any time by creating a new will or adding a codicil to the existing will.

What is a codicil?

A codicil is a supplementary document that makes amendments to an existing will without drafting a new one.

How do I ensure my will is legally valid?

Sign the will in the presence of at least two witnesses who must also sign the document. Ensure that the will is dated and includes a declaration that it revokes all previous wills and codicils.

Where should I keep my will?

Store your will in a safe, accessible place and inform a trusted person, such as your executor, about its location. Consider keeping a copy with your lawyer.

What happens if I die without a will?

If you die without a will, your assets will be distributed according to the Indian Succession Act, 1925, which may not align with your wishes.

Can a will be contested?

Yes, a will can be contested in court by anyone who believes they have a valid claim, although a well-drafted will with clear intentions can help minimize disputes.

What is a self-proving affidavit?

A self-proving affidavit is an optional document signed by the testator and witnesses before a notary public to simplify the probate process.

Are digital assets included in a will?

Yes, you can include instructions for handling digital accounts and assets in your will.

What is the role of a guardian in a will?

A guardian is appointed to take care of minor children and their property in the event of the testator’s death.

Can I leave charitable donations in my will?

Yes, you can specify any charitable donations you wish to make in your will.

How often should I update my will?

Update your will regularly, especially after significant life events such as marriage, divorce, the birth of a child, or acquiring new assets.

Is inheritance tax applicable in India?

India currently does not impose inheritance tax, but it’s important to stay informed about any changes in tax laws.

What should I do if I have jointly held property?

Understand how jointly held property with right of survivorship is treated, as it may not be covered by the will and will pass directly to the co-owner.