A Will is a legally effective declaration of a person’s wishes regarding the distribution of his or her assets or property after death. When you write your will, you: a) evaluate and list out all your assets and valuables; b) decide on and choose the person(s) who will receive what you own after your death; and c) enable those who choose to be given your assets and properties to acquire ownership to them easily and effortlessly. Remember, you can always revise your Will; however, it is your last Will that will be given effect to.

If you pass away without having written a Will (which is technically called “dying intestate”), your assets will be distributed as per the applicable laws of succession. The legal heirs will be identified through a succession certificate issued by a competent court or authority. This usually implies disputes between loved ones, court cases, delays and huge costs to acquire the assets and properties.

The person who dies leaving a Will (which is also known as a Testament) is called the Testator; when you write your Will, you will be considered as the Testator after your death. A minor and/or a person of unsound mind cannot be a Testator.

A Beneficiary is a person or entity designated to receive assets or property from a person who has died i.e. the Testator. He/she/it will be the person/entity to whom you decide to give all or part of your assets or property and may include close family members such as spouse, parents, children, siblings or friends, charitable institutions, even unborn persons.

An Executor is a person named by a Testator to carry out the provisions in the Testator’s Will. Usually, the Executor of your Will takes charge of your assets and property after you pass away and until distribution among the beneficiaries of your Will; so choose wisely. The Executor should be someone who is fair, whom you trust to get things done and someone whom you expect to outlive you. If your executor dies before you do and you are unable to execute a fresh Will, a court may name one of the beneficiaries as the executor) A minor and/or a person of unsound mind cannot be an Executor.

Yes, you can name one of the beneficiaries of the Will as the Executor; most married people choose their spouse as the Executor since he/she knows most about their property and generally this person is the Beneficiary of the Will. However, a third person like a trusted friend or relative, an Advocate/Solicitor etc., can also be nominated as an Executor.

If no Executor is named by you in the Will, at the time of grant of probate, a court may consider an Executor as being appointed by implication; for e.g. the surviving spouse named as a beneficiary will be the executor or a guardian or trustee named in the Will may be considered as the Executor.

A Witness is a person who vouches for the authenticity of the Testator’s signature on the Will. This implies that a Witness actually sees the Testator put his/her signature on the Will. Therefore, a Witness should put his/her signature on the Will immediately, on the same day, after the Testator signs the Will.

A minor and/or a person of unsound mind cannot be a Witness. It is not advisable to make a Beneficiary as the Witness in your Will since he/she is an interested party. The persons whom you decide to be Witnesses in your Will should be expected to outlive you since in probate proceedings (if required), they may be called upon to testify regarding the validity of your signature on the Will .

It is advisable to have at least 2 Witnesses in a Will.

Your Will must contain the following statements: a) that this Will is your last Will and Testament b) that you are of sound mind while writing this Will c) that you have made this Will of your own choice and not by coercion. d) that you bequeath named assets and properties to named beneficiaries The Will that you create through www.willandmore.com contains all the above statements

When you create your Will using the secure online tools in www.willandmore.com; a pdf document is generated for download. You should print this document on a reasonably thick paper while A4 size paper so that it survives long periods of storage, you don’t require a ledger/legal paper. Once printed, you should affix your signature (on all pages of the Will) and the date and place of signing the Will in the presence of the 2 witnesses mentioned in the Will; immediately thereafter, your 2 Witnesses should also sign the Will.

Like all important documents that relate to your property, your Will needs to be stored in a secure manner and at a location that is accessible. The location of your Will could be at a special place in your home, a bank locker, with a friend or with your Advocate/Lawyer.

You can register the location of your Will with us using secure online tools provided in www.willandmore.com. You can also nominate a person or persons to Will & More with whom we can share a copy on production of your death certificate.

In India, it is not compulsory to register a Will. A Will is not a compulsorily registrable document under Section 17 of the Registration Act, 1908. However, under Section 18 (e) of the Registration Act, 1908, a testator can choose to register a Will with the relevant Registrar/Sub-Registrar of Assurances, which is usually the same office where property documents are also registered. A registered Will can be revoked through a subsequent unregistered Will, of course, the subsequent Will needs to contain details of the Will being revoked. The advantage gained by registering a Will that it becomes easier to establish validity of the Will.

You can register your Will with the closest Sub Registrar of Assurances. You will have to make an appointment to visit the Sub Registrar’s office and carry the following documents with you: a) The original copy of the Will, either signed by you and your witnesses or you and the witnesses can sign before the Sub Registrar b) PAN Card of the Testator c) Proofs of address and identity for you and your witnesses such as Aadhar Card or Passport d) A certificate from a registered medical practitioner certifying that you are of sound mind e) 2 Passport size photographs each of the Testator and Witnesses No stamp duty is payable on a Will; however, there may be charges for registration.

Probate is the judicial procedure by which a Will is established to be valid by a court of law. When a court grants probate, the court certifies the Will and also grants a Letter of Administration to the Executor. This Letter of Administration authorises the Executor to manage the assets and properties of the deceased person as per the terms of the Will. Obtaining a Probate for your Will is not mandatory except in the cities of Mumbai, Chennai and Kolkata; however, it is advisable to obtain a probate in order to avoid disputes and confusion regarding title to properties.

A Letter of Instructions is a document containing useful personal details such as phone passwords, bank account details, details of beneficiary and trading accounts, bank locker details, which can help family members access your assets in case you become disabled due to accident or illnesses like Alzheimer’s or Parkinson’s. You can create a Letter of Instructions using our secure online tools at www.willandmore.com, save the same securely and nominate a person or persons with whom we can share a copy on production of a medical certificate.