The will to Will it all -“ and plan it too!

 

We could confine ourselves to just providing professional legal services, but our concern for our clients pushes us to inform and educate them about the various laws and safety measures they can take to protect their interests. Don’t we all just want to look back at our lives in contentment and then leave this world knowing that post our demise; things related to our wealth distribution are done peacefully?

That’s where the role of a Will document comes in. Contrary to normal perception, the time to make your Will is when you are still hale and hearty – and can decide about who inherits your wealth. If such a document is not made then, there would be no clarity regarding the
distribution of a person’s wealth, and invariably a Court intervention is required to take care then of that.

In cases where there is no Will a person is said to have died ‘intestate.’ In such cases, the heirs apply for a Letter of Administration or a Succession Certificate  elsewhere on our website; we have explained more on this. In such situations, it is possible that sometimes the division of property turns out to be more complicated  and perhaps less satisfactory too. Often, the rightful heirs do not receive their fair share. A Will is a legal declaration. The documents purporting to be a Will or a testament must be legal, i.e. in conformity with the law and must be executed by a person legally competent to make it. It must be signed and attested, as required by law.

You need to be clear that it is precise and clear. Do seek professional assistance while drafting your will. While some people do argue about the necessity of having a registered Will, it always works better to have one like that registered Wills cannot be tampered with, destroyed or misused. It is always confidential and easier to prove even in the lower courts. A will become enforceable only after the death of the testator, the person making the Will. It gives absolutely no rights to the legatee (the person who inherits) until the death of the testator. Naturally, then, it has no effect during the lifetime of the testator. The testator can change his will, at any time before his death, in whatsoever manner he feels like. The essence of every Will is that it is revocable during the lifetime of the testator. Act now and have the will to Will away your assets in time!

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