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Will Drafting Service in India

A Will is a legal document in which an individual specifies how their moveable and immovable assets like property, ornaments, investments and other possessions will be distributed among their loved ones after their death. It ensures that their wishes are carried out and helps reduce conflicts among beneficiaries. A well-drafted Will provides legal clarity and peace of mind for their loved ones.

With professional will drafting services, individuals can ensure that their wishes are clearly recorded and legally protected, reducing the likelihood of disputes among heirs and simplifying the legal process for loved ones. A properly drafted last will and testament is key to smooth succession planning and peace of mind for the family.

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Procedure for Will Drafting in India

At AidByLaw, our goal is to make legal will preparation simple, secure, and legally valid. Here’s the standard process we follow:

List Your Assets

Prepare a list of all your moveable and immovable assets including property/properties, bank accounts details, lockers details (if any) and all other investments and personal belongings.

Draft the Will

Include details such as:

  • Complete details of the Testator like name and address along with their Aadhar card.
  • Names of beneficiaries and their relationship with you
  • Name of the executor (if you wish to appoint)
  • Specific instructions for the distribution of moveable and immovable assets
  • Guardianship for minor children (if applicable)
  • Two witnesses’ details along with their Aadhar cards.

Sign the Will

Sign the Will in the presence of two witnesses who are not beneficiaries. The witnesses must sign the Will document.

Register the Will

Will registration at the Sub-Registrar’s Office strengthens the document’s legal credibility and offers protection against future disputes.

 

Benefits of Drafting a Will

  • Avoids Disputes: Clearly outlines asset distribution, reducing potential conflicts among beneficiaries.
  • Secure your beneficiaries future: Legally protects the inheritance rights of your beneficiaries.
  • Ensures wishes are Honoured: It guarantees that your assets will be distributed as per your preferences.
  • Guardianship for Minors: Allows you to appoint guardian for your minor children, ensuring their care and well-being.
  • Simplifies Legal Processes: A Will expedites legal formalities, making it easier for your loved ones to claim their inheritance.

Frequently Asked Questions

1. Who is the Testator in the Will?

Testator is the person who is making his/her will.

2. Who needs to be physically present at the time of Will registration?

 
Only the testator along with the 2 witnesses’ need to be physically present at the time of registration of Will at registrar office.

3. What documents do I need to carry for the Will registration?

 
Only the Aadhar card and Passport size photos of Testator and witnesses’ are required along with the will draft.

4. Can I write a Will myself?

 
Yes, but using professional will drafting services ensures it is legally valid and free from errors.

5. Can I change my Will later?

 
Yes, you can modify your Will by drafting a new one or adding a codicil (an amendment to the existing Will).

6. Is registering a Will mandatory?

No, registering a Will is optional. However, registration adds authenticity and reduces the chances of disputes.

7. Who can be an executor of a Will?

An executor should be a trustworthy person who is capable of managing and distributing your assets as per your Will. This could be a family member, friend, or a professional.

 

8. What happens if I die without a Will?

In the absence of a Will, your assets will be distributed according to the inheritance laws of your country, which may not align with your wishes.

9. Is mental health certificate mandatory for Will registration in all states of India?

Not in all states, but it is mandatory in Maharashtra.

Disclaimer: The information provided on this page is for general informational purposes only and does not constitute legal advice. Procedures, benefits, and outcomes may vary depending on the applicable laws of each state, and responses to frequently asked questions may differ based on individual circumstances.