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The ‘will’ to make life simpler
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Inheritance can be easier with a Will, says SRIKALA BHASHYAM
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Geetha is a 35-year-old school teacher. During the last couple of months, she is spending more time at an advocate’s office than school as she is fighting for property rights, after losing her husband in an accident.
Her husband did not think it necessary to make a Will and now, Geetha is forced to fight with his relatives to acquire rights of the property built by her late husband. While technically she is the legal heir to the property, she has been forced to seek legal remedy.
Most of us don’t feel the necessity to create a Will though in reality it makes life a lot simpler for our family. In some cases, a Will is not created as many are not aware of the procedures involved in creating it.
Here are some tips:
Who can create it?
Any individual who is not a minor, with sound mind, can create a Will.
The biggest advantage with a Will is that it can be created in any language.
The prerequisite is that the person who is making it should clearly indicate his intentions with respect to his property.
In legal terms, the person who makes the Will is called testator.
While the Will can be made at any point of time and can be changed any number of times, it is the last Will which would be considered in the event of the death of the testator.
A Will becomes relevant for the family only after the death of the testator. At the same time, the person creating it can revoke it at any point of time.
The purpose of a Will can be defeated if it is not attested by at least two witnesses. The witnesses should have seen the testator signing the document.
Not compulsory
While registration increases its authenticity, it is not compulsory. A registered Will ensures that it cannot be tampered with. In many instances, Wills are contested after the death of the testator purely on their authenticity.
Is it expensive? Many think that it is expensive to create a Will. However, it does not pinch much. Even stamp paper is not a pre-requisite.
Since registration of Will is not compulsory in India, it is not an expensive tool.
The purpose of a Will is to make sure that inheritance of property is a smooth affair for the family.
After the death of the testator, the heir or the executor of the Will can ask for probate (copy of the Will certified by a court).
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Property Plus
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