All You Need to Know About a Will

1. Choosing an Executor

• a. The Executor is responsible to carry out the terms of the Will.
• b. Choose a person who is trustworthy and capable of handling legal and financial aspects efficiently.
• c. The Executor can be any adult of sound mind other than a beneficiary of your Will.

2. Dating, Signing and Witnessing

• a. For a Will to be legally valid in India, it must be signed and dated by the Testator in the presence of at least 2 witnesses (other than beneficiaries) who must attest the Will.
• b. Signing can be done through thumb impressions as well.
• c. A Will lacking date and signatures would be considered null and void.

3. Registration of the Will

• a. It is not legally required to register a Will. However, registering it at the Sub-Registrar’s Office adds legal authenticity.
• b. A registered Will remains secure with the registry with restricted access to people other than the Testator and authorized legal heirs.

4. Storing and Updating the Will

• a. A Will should be kept in a safe place such as a bank locker, a lawyer’s office, or with a trusted family member.
• b. It can be updated in the event of major life events such as marriage, childbirth, changes in assets, or changes in the Testator’s wishes.
• c. To prevent confusion, old Wills should be destroyed after creating a new one.

5. A Will has no expiry date

• a. A Will exists and remains effective indefinitely.
• b. However, if a new Will is created, the previous one becomes invalid.

6. Seek legal assistance, if required

• a. A Will can be drafted by the Testators themselves.
• b. If unsure, consult a legal professional for guidance.

7. Protect your legacy in your way

• a. Having a Will is not mandatory. However, without one, assets will be distributed as per applicable personal laws.
• b. Writing a Will ensures you control who inherits your assets and belongings.