The importance of writing a will in your lifetime

Will:-

A will is a legal declaration by which a person names one or more persons to manage his or her property and distributes his or her property at death.

(OR)

Will is a legal declaration of the intention of a person with respect to his /her property, which the person desires to be, carried into effect after his/her death, in addition to disposing property.

Any person over the age of majority and of sound mind (having appropriate mental capacity) can draft his or her will with or without the aid of a lawyer. The person should declare that he revokes all previous wills if any.

A Will can be made for appointing executors, creating trusts and appointing guardian of minor children. A Will can be changed and modified multiple times during the life of a person. It is better to register the Will in Sub Register’s Office (SRO) even though it is not required/must. A Will is a confidential document and it can never be ordered to be produced.

Only for people living in Chennai, after the person has died the will has to undergo the probate proceeding in the court to determine the validity of the will the person has created, i.e to satisfy the legal requirement. During probate, at least one witness is called upon to testify. However there is a time limit for this. Usually within 30 days,a will must be admitted to probate.

FOR CHRISTIANS AND MUSLIMS THE PROBATE IS NOT REQUIRED.

Such inherited property can be changed to their names by submitting a copy of death certificate, will, ID proof to Taluk office. They can get the Patta, chitta in their names. It is not required to register the documents in SRO to change it to their name.

The Will has to be written very clearly with all details, indicating the boundaries of the land, survey no., etc.

We will continue this discussion on the various issues related to writing a Will in the next update.

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