If you foresee complications in the matters then its better to appoint a lawyer as an executor. Your spouse, the child who is not a minor or someone trusted like friend or relative can be appointed as executor. There is no need to notarize a will in India and thus need not to notarize the signatures of the witnesses in the presence of a notary. Generally a will needs to get probated before it gets executed.Įnsure that the witness is a trustworthy person and should not be a beneficiary to avoid the conflict of interest. This is a tedious process and generally takes 3 to 6 months. Probate is the judicial process whereby a will is proved in the court and accepted as the valid public document that is the last true testament of the deceased. Now a days there are various Do-it-yourself platforms available where you can write your will with such online platforms. In India, if you write a will on a piece of paper and if it is signed by two witnesses then it’s a valid will. You need not require a lawyer to prepare your will, though an experienced lawyer can provide useful advice on estate-planning. Do you need a lawyer to prepare the will? In such cases the court might appoint an administrator who shall work in the capacity of the executor.ģ. Absence of ‘Will’ might also lead to unnecessary quarrels among legal heirs. They need to prove in court that they are the rightful owners of the left behind assets of the deceased. In such cases the legal heirs have to run pillar to post to claim their rightful assets. What happens if someone dies without a will? The assets can be allocated full or partial too.Ģ. You can identify the persons or organisations who should be receiving your assets after your demise. The beneficiaries might be anyone like servants or relatives or trust or any organization. Then list down the beneficiaries to whom you want to allocate the assets. The best way to write a will is first to jot down all the assets including financial, fixed as well as movable. The testator also appoints a person, the ‘Executor’, who manages estate after the demise of the testator and executes the stated wishes in the will. The person who writes the will is called as ‘Testator’. It’s a legal document in which you define who shall get what after the demise, out of assets either built by you or inherited by you. If you are keen to write a Will, you must know these eight factors before you start writing one. It will not only help your heir, it will also give you peace of mind that your assets will go in the right hands at the right time. But this is the most critical thing you can do for your loved ones. When I say, you must write a will, it might not sound good to you as with this you are planning for your own inevitable demise.
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