A Will is a declaration of a person on a document expressing his wish to distribute his/ her assets after death. Will is a legal document, but there is no prescribed form, as it can be handwritten or typed on any material and not just the stamp paper. A Will may be revoked or altered by the owner at any time before his/ her death
It is vital to draft a will that is complete in itself, leaving no loopholes for any dispute. But most of the time, while developing a Will, some or the other point of conflict is left. We at Sabkuch Legal deal with all the disputes related to Will and make it easy for the parties to resolve those disputes and receive their rightful portion of the moveable or immoveable property.
If a person dies without making a will, he is said to have died 'intestate,' in which case the Indian Succession Act, 1925 will apply based on religion. Probate is granted by a court, certifying the validity of the Will. Obtaining probate is compulsory to execute the Will of the testator.
There are situations where the testator is willing to give his property to someone who is not very close to them by blood or by marital relation. Nonetheless, they share a close sentimental relationship. A Will can be challenged in the court of law when it does not appear natural. If the bequest made in the Will seems unnatural, then the courts scrutinize the evidence with more care than usual. The burden of proving the presence of undue influence is on the party alleging the dispute. Therefore, the person on whose name testator has made the Will need not prove or disapprove anything. The person making the claims of undue influence needs to verify that the testator's intention was obtained using undue influence.
What makes a Will legal?
Ensuring the following makes a Will Legal:
What are the common mistakes that shouldn't be made while drafting a Will to avoid any dispute later?
Following mistakes should be avoided while drafting a Will:
If a single witness signs the Will, will it be valid?
No. There need to be two signed witnesses to a Will, after which it will be considered valid even if it is not registered.
Can you update/ change your Will?
Yes, you can update/ change your Will. It can be done by discarding the old Will and drafting a new Will.
Is handwritten Will legal in India?
Yes, the handwritten Wills are legal in India. However, they need to be legible and follow the criteria or the essentials of a valid will.