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Home / Legal / Documentation / How to make a will without a lawyer in India?
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How to make a will without a lawyer in India?

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4 Answers

I see you want to know

how to make a will in India, let me help you out.

You can make a will without a lawyer in India by following the steps below:

  1. Find an online template or service: You can use online templates or software to write a will yourself. In order to legalize the will, it needs to be signed and dated by you and at least two other witnesses.

  2. Make a list of your assets: In order to leave property to your heirs, you need to know what you have. Make a list of all your significant assets, including real estate and land, jewelry, artwork, cars, and bank accounts that don’t name a beneficiary.

  3. Be clear and unambiguous: To be recognized as valid, a will must be clear and unambiguous, signed and dated by the will-maker, and signed by at least two witnesses. You must also name an executor, who is responsible for carrying out the instructions outlined in your will.

  4. Check state-specific rules: Some states have their own unique rules for what must be included in a will, so be sure to check up on yours before writing. If you use software or an online service, guidelines will likely be provided for you.

This is how to create a will in India. 

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0 2022-07-29T17:52:39+00:00

Hi buddy,

You should always plan for an uncertain future and one big uncertainty is death. That’s why if you own properties and other assets, then you should plan their distribution and management after your death. That’s when a will comes into the picture. Since Somnath and Apurva has explained how make will without lawyer, I won’t repeat the process in detail.

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As they mentioned, writing a will without a lawyer is not difficult. Just find a simple format or template online and print it. After that, make a list of each of your self-owned assets and mention who gets what after your death. Mention the executor or the person who will ensure your wishes are carried out. Finally, mention the date and sign the will and ask 2 witnesses to sign as well. Store the will in a safe place once you are done writing it.

Now that you know how to prepare a will without a lawyer, let me answer some most commonly asked questions:

Can you write a will on plain paper?

You can make your will on plain paper but please ensure you sign it along with 2 witnesses. Otherwise, it won’t be legally valid. You can also consult a lawyer in case you’re afraid of missing out on significant details or require help with deciding how to distribute your assets.

Can a registered Will be challenged in court?

Yes, a will can be challenged in court. Even if it’s registered, somebody might express their doubt about its legal validity. But registering a will is a smart decision than not registering it since it reduces the chances of somebody contesting it and increases its genuineness.

What is the validity of a will after demise?

A will becomes valid once the testator dies and there’s no time limit on its enforcement. In other words, it can be enforced anytime during the lifetime of a beneficiary. The will is deemed executed in case its contents are carried out. But if somebody wants to challenge the will, he/she needs to do it within twelve years. The will is considered permanent after that and if someone wishes to challenge it after twelve years, he/she needs to give a solid reason.

Read more:

How to Make Will of Property in India

What are the Documents Required For Will in India

How to Draft A Will India?

This is all about how make will without lawyer.

 
0 2022-06-15T10:00:15+00:00

I see you want to know

how to draft a will without a lawyer. Let me tell you, a

will is a document executed legally by a person regarding the distribution of his assets after his death. 

As per

Section 59 of the Indian Succession Act, 1925

, the person making the Will must be of:

  • Age, above 21 years;

  • Sound mind.

  • Furthermore, the section states that a person ordinarily of unsound mind may

    make a Will

    during the interval of the soundness of his/her mind. The section prohibits a person from making a Will when in a state of intoxication or illness which makes him/her incapable of understanding the consequences of the act.

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Although a Will is a legal document, there is no

legal will format India

specified as such. It can be handwritten or if you are wondering

how to make a will online without a lawyer then you can type

on any document and not just the stamp paper. A Will may be revoked or altered by the owner at any time prior to the death. 

If the finances of a person are straightforward and does not want an adviser's help for deciding who will inherit his assets, one can find a template online or use online software to draft a legitimate will.

While

making will without lawyer,

following details are to be included:

  1. Details of the testator (a person who has made a will or given a legacy) - The name, age, address and other details which shall help in identification

  2. Declaration of being a person with sound mind and free of any coercion while drawing the will.

  3. Details of the beneficiary who shall be benefitting out of this will and to whom shall the assets be divided should be given as their name, age, address and relation to the testator. 

  4. The executor of the will who would ensure that the will is carried out according to the directions provided by the testator. 

  5. Details of property and assets should be listed out.

  6. The share that each beneficiary should be specified of who shall get what is to be listed in full detail. If the asset is to be given to a minor, then a custodian for the minor should also be listed in the will.

  7. The testator should specify directions in terms of executing the Will.

  8. The Will should be duly signed with the date on the will after the last statement by the testator in the presence of at least 2 witnesses. The witnesses do not need to know the details of the will as they just have to verify that the signature by the testator was done before them.

Read more:

Is Unregistered will valid in India

How to execute a will in India

7 2021-08-27T09:50:31+00:00

A Will is a testament or written document by which a person (the testator) describes how their wealth and assets are to be distributed after their death. Anyone above 21 years of age can make the will in India. You are not legally required to make the will on stamp paper and can even use plain paper. Now, let me tell you how to make a will without a lawyer in India:

Declaration at the Beginning

In the 1st paragraph, you should declare that you are making this will in your full senses and free of any coercion. You are also required to mention your name, age, and address.

Details Related to Documents and Property

Next, you have to mention a list of items that you own along with their current values. These items include share certificates, mutual funds, postal investments, bank fixed deposits, lands, and houses. You are also required to mention where you have stored all these documents, such as in your bank safe deposit box, etc.

Enlist Beneficiaries

Next, you have to mention who will be the beneficiary to inherit your wealth and assets after your death.  In case you want to give assets to a minor, make sure you choose a custodian of your assets till the minor turns 18. This custodian should be a trustworthy individual.

Choose and Name an Executor

An executor is someone who executes and carries out the wishes mentioned in your Will. The executor will have the responsibility to divide your wealth among your beneficiaries and carry everything out smoothly.

Sign the Will

After preparing the will, you must sign it in presence of at least 2 independent witnesses. They will also have to sign the will after your signature, certifying that you’ve signed the will in their presence. The place and date should also be mentioned at the bottom.

Registration of the Will

You can get your Will notarized. Even if it is not mandatory to register the will under the law in India, you can still register it with a sub-registrar. For this, you, along with the 2 witnesses, are required to visit the Sub-Registrar’s office and pay the government fee.

I hope now you know how to write a will without a lawyer in India!

😊

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