How do you write a will and what should you pay attention to when writing a will?

 What is the will?

A Will is a written document or agreement where the testers (the will of the will) describe and explain every detail of assets and wealth and explain the distribution of wealth and property and how it must be transferred to the legal heirs. Making will ensure someone about the security of a person's assets and wealth even after death and further devolution in the next generation. Civil Lawyers in Chennai Madras high Court Can help you to draft a Will. Rajendra Law Office Attorneys in Chennai are Expert in Property Laws.

Meanwhile, make willing in India by a Hindu, Buddhist, Jain or Sikh, the provisions as mentioned under the Indian Success Law in 1925 must be followed and obeyed in every aspect. Mohammedan is not regulated by Indian Suksesi Act, 1925.

Part 2 (H) The 1925 Indian Succession Act defines "will" as "the legal declaration of the intention of a reporting in connection with its properties he wants to take effect after his death."

With simple words, A will determine a person's desire, (heir) that intends to distribute his property or asset according to his wishes, after his death.

One main point that regulates "will" is that it is effective only after the person who makes the will die.

Who can make a will?

Every major person and being able to make a contract can make a condition that he has a plantation to pass on someone to post his death through a valid agreement document in the eyes of the law. As long as he has a property that he can alienate or throw away he can create will under the legal provisions that become major and healthy thoughts.

Section 59 of the Indian Suksesi Act 1925 describes who can create will.

The section says as- "Every healthy person does not become an underage child can get rid of his property."

Explanation 1. - A married woman can dispose of the will of property that she can alienate by her own actions during her life.

Explanation 2. People who are deaf or stupid or blind are not so paralyzed for making a will if they can find out what they are doing with it.

Explanation 3. - Someone who is usually crazy can make a will for the interval where it is a healthy mind.

Explanation 4. - No person can make a will temporary he, be in a state of mind, whether it arises from poisoning or from the disease or from other reasons, that he does not know what he is doing "
Certain important characteristics of a must

Before making a will, the characteristics of a must must be remembered. These characteristics are as follows;

Law Declaration - 

A Will is a form of legal declaration that says about someone who expressed his intention to continue its property, wealth or plantation to others or to his legal heirs.
    The declaration made must be related to the heir property and not just to manage its properties.
    The mechanism behind the will must be intended to take after the death of heir.
    Returns - A will be revoked at all times at the will and desire of a must.

Will language

As mentioned earlier, the motive behind the will is to make it for the mechanism of participants' intention to dispose of assets and property. Therefore, there are no bound rules regarding the language used in a will. There are no technical words used to build will. This can be written in any language but the language used must be clear and free of all forms of unambiguity. Their thoughts and intentions must be reflected in a will.

In addition, there is no limit on handwriting or printed will. This can be written in any form but must be signed properly by the maker I.e, heir.

Another interesting fact about the will is that it doesn't need to be made in stamp paper. It can be made on any paper and it's the same valid with stamp paper. No, my charangk is imposed on a willless letter unless someone goes for registration.

General structure of a will

There is no particular format or structure specified for a will and one can write or arrange a will in whatever form he wants but must be remembered that the following points must be closed so that they will make willingness and comprehensive for all.

    Personal Details (Participants)
    Date Declaration
    Validation will be free
    Executor's details
    Asset details
    Details of beneficiaries
    Testator signature.
    Witness signature (minimum 2)

Construction of Wasiats

There is a general idea of ​​the construction of a will "read when the court has the right to put itself into the testator chair". The meaning of the line is that while determining the manufacture or consequence of a must, the court must adjust to the mindset / heir intention. The court must consider every aspect of the possibility of making a will. Background testers, circumstances, family relations all must be remembered by the court while dealing with a will. The court must bring itself to the extent and in every possibility that it can temporarily determine the expression and intention of the heir. Therefore, in interpreting the "intention" of participants play an important role.

Some guidelines from the Supreme Court regarding the construction of the will and interpretation are as follows

    The court must determine the correct, intention behind the making of will, which can be collected by reading it.
    The court must maintain the situation where it will be made. This includes the state of the property testator, family etc.
    If, one of the two reasonable construction causes inconsistency, which makes fewer hiatus be prioritized.
    The effect must be given to each disposition contained in will, unless the law prevents.

Construction of words in a will

Part-74 of the Indian Suksesi Act said, "No need for technical words or artists are used in will, but only that the words are such that the intention of the heir can be known."

This means that the use of technical words is not needed for the construction of a will. If the testers are well displayed, it will be enough. Even the construction of simple original words that clearly say that what the author wants to say about his land and how the plantation needs to be distributed among the people he loves perfectly. There is nothing extraordinary in law that says that a minimum must be made in a certain way or style.

Construction terms in a will

A writer will be careful when preparing it will be with this provision and need to know when to use where to avoid ambiguity and disputes in the future. If these terms are remembered when writing a will, it will create a good and clean will that will make the transfer and distribution of property among the current heirs and disputes free.

Section 99 of the Indian Suksesi Act. define the construction of terms in the test mail as follows;

(a) The word "children" only applies to lineal descent at the first level of people who are "children" are discussed;

(b) The word "grand-racket" only applies to lineal descent at the second level of the "grandmother" is discussed;

(c) words "nephew" and "nephew" only apply to children or sisters;

(d) The words "cousin", or "first cousin", or "cousins ​​of Germany", only apply to your children or sister father or mother of the person who is "cousin", or "first cousin", or " German cousins ​​", talked about;

(g) words "Problems" and "descendants" apply to all any lineal descendants of those who are "problems" or "offspring" are discussed;
 

 Who should sign the will? 

This is very clearly mentioned in Section 63 of the Indian Succession Act that participants or other people in their instructions can sign or put a sign on the will in a place that is easy to read and can be affixed or attached to signed or pasted. by heir. The same part also mentions that two (2) or more witnesses must prove the will that has seen the testers sign the will or put His sign on will.
Registration of Wasiat

No will is the only document that is not required to be registered according to the law in India. Registration of a will is a choice of legal and courtroom makers recognize registered and unregistered will and no difference between the two in the eyes of the law. According to Part 18 of the registration law, 1908 will come under the optional document to be registered.

But yes, if someone registers will add authentication to will.

Should you consult a lawyer before writing a will?

Law is something that requires a lot of common sense and a little understanding of land law so that it is always better to discuss with lawyers before making a big decision of life. A lawyer can be useful to resolve many questions that you might have when writing a wills of other people may not be able to provide you. It's always better to have an expert next to you when you make important decisions that will affect you and your family's life forever and even after your death. So, it is recommended to consult a layer when compiling a will. By the way, so a will open a lawyer will be needed to move the application for a judge's approval letter. Visit our Previous page for more details.