How to Make a Will?

While contemplating death is morbid, it is nevertheless necessary – and Indians are becoming increasingly aware of this fact. However, Will making is shrouded in misconceptions, fear, and lack of knowledge. But making a Will is actually quite simple. 

In fact, you can make your own Will in 5 easy steps – 

Which Type of Will do you need? 

There are many different types of Wills. It is important to determine which one is best suited to your situation and needs. For instance, if you are a working individual you may choose between a simple Will or a Joint Will with your spouse. You may also opt for a Mirror Will. On the other hand, if you are the Karta of an HUF, you might consider a Succession Planning Document in place of a Will. 

The Declaration 

This is the most important part of your Will from a legal standpoint. This is where you declare that you are making this Will voluntarily without any coercion, force or threat. You must state explicitly that you are in your full senses and are writing the Will out of your own free will, without being pressurized by anyone. You must also state your full name, age, and address clearly. Also mention the place – the city should suffice - where you are making the Will. 

A clear declaration puts the burden of proof on the shoulders of those contesting the Will – making it easier on the beneficiaries. 

Property Details 

In the second section list out all the property you own including any real estate, investments, stock, gold, bank vaults, and anything else you own. Be careful about writing this section because anything you miss out, can come under question at the time of probate – defeating the very purpose of the Will. 

It is a good idea to attach copies of documents proving your ownership of property you are bequeathing, – though this is not strictly necessary. You are also not required to list out all your property – particularly if you are leaving everything to a single individual. 

However, listing out your property and attaching supportive documents to a Will brings clarity. 

Bequeathing 

The third section of your Will should state clearly who gains ownership of your property after you. Here again, depending on the type of Will you choose, you can leave your property to one single individual or to a number of heirs. You may also choose to leave certain sums of money to certain people and all the rest to a single individual. If you are bequeathing your estate – wholly or partly – to a minor, be sure to appoint a guardian. For larger and more complex estates with a large number of heirs or successors – Ambani’s are not the only ones – you might consider estate management or estate planning. 

The above two sections – listing assets and bequeathing – are sometimes merged – listing each asset and mentioning who should own it followed by the next asset and its inheritor. 

The Signature 

It is a well-known fact that a Will must be signed in the presence of two witnesses – obviously to prove that the Will has been signed by you. A lesser known fact is that you must also prove that you are signing the Will voluntarily and in possession of your full senses – which is also attested by the witnesses. 

Mention clearly the date, time, and place when you sign the Will. Place your full signature on the last page of the Will, initial every page of the entire document, and have the witnesses do the same. 

That’s about it. This completes the drafting of your Will. There are some voluntary procedures to be followed after making your Will – but we’ll talk about those later. Meanwhile here are a few more pointers for the draft – 

1. A Will written entirely in the handwriting of the testator is a valid Will. 
2. Witnesses should ideally be independent individuals not benefiting from the Will.  
3. It is a good idea to attach a certificate from a doctor stating that you are of sound mind when signing the Will. 
4. A Will should be written – or typed – without any overwriting, cancellations, or corrections. 
5. Apart from initialing each page, you – along with witnesses – should also initial alterations or corrections – if any. 
6. It is also a good idea to attach document supporting your claim that the property is yours to distribute as you please – such as copy of title deed or copy of Fixed Deposit Certificates. 
7. When selecting a guardian for a minor beneficiary in your Will make sure he is trustworthy and will not abuse the trust you place in him. 
8. Ensure that the language is clear and unambiguous – there should be no chance of misinterpretation. 
9. You should know the laws of your state as well as religion when bequeathing your property. 
10. Remember that Wills can be modified or changed at a later date. 
11. Registering a Will is not required by law but it is advisable to do so. 
12. You do not need an advocate or lawyer to prepare your Will. 
13. Keep your Will in a secure place and let at least one person know where it is. 
14. Appoint an executor who can ensure that your wishes are carried out as per your Will. 

Making a Will is not a difficult task – but it is important to do it right so that your wishes are carried out without any hassle. 

Want to make a Will – why not give WillJini a call?