The scenario in which a person dies without leaving a will is well-expressed in the above sentence. We've seen cases where businessmen died without leaving a will, which caused family disputes over succession and resulted in many public mudslinging’s. To avoid this situation, please prepare a will for a quiet life for your survivors.
No one knows the time of death because it's certain. To avoid discomfort to your successors even after sudden death, make a will and arrange all the disputes.
Execution of a Will
At the age of 18 years, every person can execute a will.
When a minor can execute will at the age of 21 whose guardian is appointed by the court. Most people execute their will in their fifties, but you can modify and make changes as often as you want. Executing your will as early as possible is advisable to avoid disputes.
When dealing with separate properties, you can make more than one will. Will can be executed anywhere in the world, not in India only.
It's not compulsory to make a will on stamp paper. You can use a simple piece of paper without paying for a will. Your intentions should be mentioned in will paper.
There is a need for two persons for the attestation of the will. One of the testators should be preferred by your family doctor. I think the need for attestation is confirmation from the witnesses that the will's maker signed the will. Witnesses don't need to know the content of the will. The content cannot be disclosed to the witnesses. The executor can be the witness of the will.
Though the Indian Registration Act registration of will is not compulsory. It is advisable that your will should be registered in the registrar's office. In any disputed case or doubt, the genuineness of the will ensures. There is no need for the special process of will registration.
The will can be in any form, printed or handwritten. The signature and mark of the testator is the compulsory thing.
Will can be made in any language but make sure that the will language is known to the testator for clarification. If the will language and testator language do not match, then someone also should explain and confirm the will to the testator and sign with a statement at the end of the will as the will interpreted by the testator.
Operation of a will
The instructions of the will should be directed after the death of the executor. If the person dies without a will, then the property is divided to the legal heirs according to the provision of succession law applicable to the dead person. Inheritance laws are different for different religions like Hindus, Christians and Prasis. But in the case of Muslims, property is divided on the base of their religious texts.
Some obligations also attach to the will while passing on the assets to persons with a will. The beneficiary should accept the obligations with the bequeath, he cannot be the owner of the property without accepting obligations.
For the legal transfer of property during life, an executor should include all the property in a will. A lunatic or minor under a will can be a beneficiary. The guardian of the minor or lunatic can take the property on their behalf. They both cannot make a will or bequeath of property belonging to them.
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