Format of will
Life is all about making plans for an ambiguous future. And death is one of life’s biggest unknowns. Because of this, it becomes sensible to prepare how your property and assets will be managed and distributed after your passing. A will is then necessary for that situation.
A will is a legally enforceable instrument that assures that, in the event of your passing, your wishes or intentions regarding your property or assets are followed out precisely. If such a situation develops, a handwritten will format is more credible than one that has been typewritten. Here, we offer you Will format samples that can be used to design wills and determine estate planning. Here is the article where you can know everything about will format.
Format of will- What is a will?
The Indian Succession Act states that a person’s will expresses their legal wishes on how they want their property to be allocated following their passing.
A testator (the person writing a will) creates a will before passing away. A testator’s desires for the distribution of their possessions after death are expressed in their will.
Only after the will is written down, signed by the testator, and witnessed by at least two other people, does it become legally binding. It has no effect while the testator is still alive and only takes effect after his or her death.
A will may be registered with the Registrar or Sub-Registrar of the region under whose authority it is located, even though it is not required to do so.
Format of will- How to write a will?
Although there is no set format for will, see this will format, you should include a few legally required components to prevent eventual legal challenges. You should have the following in mind:
- No will can be legally binding if you don’t first declare that you are of sound mind. Mention your executor’s choice and declare that all prior codicils and wills are revoked.
- List every asset you have, such as real estate, mutual funds, cash in your savings accounts, term deposits, etc. Make a second pass to ensure you didn’t miss anything.
- Next, split your assets transparently, specifying who will receive what as an inheritance. Go item by item to remove any ambiguity Mention the caretaker if you are leaving something to a minor. Select a person you can trust.
- After taking care of the aforementioned, sign the will in front of two witnesses. To confirm that you signed the will in their presence, they must also sign.
- Include your complete addresses and the names of your witnesses, as well as the date and location where you signed the will. It’s not necessary for your witnesses to have read your will.
- Make sure you sign every page of the will along with your witnesses. You must countersign the amended will with your witnesses if you make any changes.
Things to mention in format of will
You must include certain crucial details when making or drafting your will in will format. Below, we’ve included a few of the crucial details that must be included (for greater clarity) while preparing your will. Please review it and make sure not to omit anything.
- Personal info-Your personal information should include your full name (including your father’s last name), birth date, and permanent address. Your personal information must come first in your draught.
- Declaratory date: – Don’t forget to make it obvious when drafting your will. It may therefore be useful to validate it.
- Validate free Will- Declaring up front in your draught will that you are drafting it according to your wishes and are not being influenced by anyone or anything.
- Name of the executor: You must state the name of the person who will carry out your will’s instructions. Give the executor’s full name, address, and phone number.
- Assets-Information about your assets and their beneficiaries includes: You must specify which assets will go to which beneficiaries upon your passing.
- A signature- Your signature and the date of writing should appear at the end of your will.
- Witness’s signature- Your will must have the signatures of two witnesses. Your witnesses’ full names and addresses must be written on the form
Format of will- Types
- Unprivileged will
Anybody may draught an unprivileged will, but the testator must sign it in the presence of two witnesses minimum. As an illustration, a sailor or an airman who is not a soldier and who is serving in a war or on an expedition could draught an unprivileged will.
- Privileged will
Privileged will differ from unprivileged wills in that the entire document can be written by the testator in his own handwriting without requiring any third parties to attest to it. However, because a privileged will cannot be repealed, unprivileged will take precedence over privileged wills.
- Conditional will
Because a conditional will only take effect if a specific event occurs, it is also known as a contingent will. So the will only become effective if the testator attaches conditions to it.
- Joint Will
a will that is drafted jointly by two or more parties and is only effective after the passing of all testators. Any testator may withdraw it at any moment throughout their life.
- Mutual will
Two people can make a mutual will that will benefit the other person in the event of their passing. For instance, a married couple can create a joint will that leaves all of their assets to their child or survivor.
- Concurrent will
This kind of will is used by people who own property in multiple countries and have separate wills for each of those countries jurisdictions.
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Format of Simple will –
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Will Format- FAQs
- In India, am I able to draught my own will?
Answer-Anyone in India who is older than 21 can create a will. In India, you can draught your will on plain paper. The will does not have to be written on a stamp paper in order to be valid. It is best to write your will in your own handwriting so that it may be checked later in case any family members have questions.
- What constitutes a valid will in India?
Answer-The testator’s agreement and free will should be obtained before the will is written. Two witnesses who were present when the testator wrote the will and signed the document are required. Will needs to register.
- In India, is a relative permitted to attest a will?
Answer-According to the Indian Succession Act, a beneficiary named in the will or his or her spouse is not permitted to serve as a witness.
- Do you have to register your will?
Answer- No, it is not required by law to register a will. It doesn’t even need to be notarized or on stamp paper.
- How can I create a will in India without a lawyer?
Answer- you must have two witnesses present while signing a plain paper will. They must both witness your signature on every page when you sign each page in their presence. This document becomes your legal will, which is recognised by authorities and legal systems throughout India.