Format of Will and How to Write a Will?

Read this article to learn what a will is, why you should make one, how to draft one, and what key terms are included. See what occurs if you fail to leave a will behind as well. In this blog we will see about Format of Will and How to Write a Will?

Making plans for the unknown future is what life is all about. Additionally, one of the biggest unknowns is death. This is why providing for the administration and distribution of your assets and property after your passing makes sense. That’s why having a will becomes crucial.
A will is a legally enforceable document that ensures your intentions or wishes about your assets or property are appropriately carried out after your death. The Indian Succession Act of 1925 states that you can draft a will if you are of sound mind and are not a minor. If such a circumstance occurs, a handwritten will is more credible than one typewritten. Lack of a will and several legitimate heirs might cause many issues and uncertainties.

Continue reading to find out how to draft a will, understand some key terminology, understand what a digital will is, and what happens if no will is present. Additionally, see what an English and Hindi format looks like.

Who Makes a Will?

A will can be made by any major who is in good mental health. Only wills produced by the testator’s free will are legitimate; those obtained by coercion or other unfair means are not. Majors can make a will at any point in their lives. Aside from this, a person’s age or the number of wills they can make is unrestricted.

Why Make a Will?

Every property owner is required to draft a will. Giving the property owner a choice over how their assets are distributed is the aim of a will. Property can be transferred more quickly in the names of the testator’s designated beneficiaries when a will is in place. If the testator names someone in the will to care for minor children, that person may do so.
A significant source of contention among surviving family members of the deceased is property success. Conflicts like this can be prevented with willpower. If the testator chooses, they may also give their belongings to a good cause.

How to Write a Will?

Although a will does not have to follow a set format, you should include certain legally required features to ensure that no one can subsequently question it. The following are some things to remember:
• As no will may be legally enforceable unless you first attest to your mental stability, this is the first step. Declare the revocation of all prior codicils and wills, and name the executor you wish to serve as your agent.
• Make a list of everything you own, such as real estate, mutual funds, savings accounts, fixed deposits, and so forth. Make sure you don’t miss anything by giving it another look.
• After that, clearly assign who will inherit what when you divide up your assets. To be certain, proceed item by item. If you leave something to a minor, specify who will have custody of it. Select a reliable person.
• After taking care of the aforementioned, sign the will in front of two witnesses. They must also sign to attest that you signed the will in their presence.
•Note the time and location of the signing ceremony as well as the full names and addresses of your witnesses on the will. The contents of your will are not required to be read by your witnesses.
•Ensure that you and your witnesses sign each page of the will. You and your witnesses must countersign the same document if you make any will corrections.
Don’t forget to store the will securely. Replicas shouldn’t be stored in the exact location as the original. You are not required to use jargon or technical phrases when writing the will; you may write it in any language. The wording should be pretty explicit to ensure no confusion regarding your intentions.
Stamp duty is not required to execute a will. Recall that implementing a new one will allow you to modify or revoke an existing one. On the other hand, upon marriage, your will is immediately nullified if you are a Christian or Parsi. This does not cover Sikhs, Hindus, Jains, and Buddhists.

What are the Sections of a Will?

A will format contains the following essential sections:

Personal Information: The testator’s name, father’s name, home address, date of birth, etc.

Declaration of Date: Clearly mentioning the will preparation date is vital. Free Will Validation: When creating a will, you can mention that you are making this by free will and not under the influence or pressure of any person.
Executor’s Details: A will requires an executor who implements it. Therefore, you must mention the executor’s name, address, relationship with the executor, age, etc
Assets and Beneficiaries Details: The most critical section of the will is the list of immovable assets or properties with their addresses. Then mention all the movable assets such as insurance, bank deposits, mutual funds, etc. Don’t forget to mention each asset’s beneficiary (ies) name.

Signature – Signing the will after mentioning all the details mentioned above is necessary.

Important Terms Associated with a Will

Go through these terms to understand what a will mainly entail:

Testator – the individual who is making the will
Executor – a legal representative of the testator who carries out the wishes outlined in the will post the testator’s demise
Codicil – a part of the will and an instrument that explains, changes or adds to the will’s dispositions.
Beneficiary – the individual who receives the inheritance under the terms of the will
Probate – the will’s copy, certified and sealed by a competent court of law
Administrator – someone who divides the assets of the deceased if there is no will
Intestate – It is when an individual passes away without making a valid will. Religion-specific intestacy laws determine how the individual’s assets are to be divided.

Essential Information Available on a Will

Here is the essential information that is available on a will.

• Legal Information: If you have made any prior wills, they should be listed in your will and your complete legal name.
• Executor Name: The name of the person in charge of allocating and settling your assets by your wishes is listed in your will. To be safe, you can also include the name of a backup executor.
• Name of Guardian for Minors: If you are a guardian for any minors, your will lists their names. It also includes the name of the guardian you designate to have legal custody of your kids. The guardianship automatically transfers to the surviving parent if any
• Inventory Assets: Your will outlines all of your belongings and assets in detail.
• Names of Beneficiaries: Every asset received after your death must have a beneficiary in your will. Include the beneficiary’s name if you do not want them to get assets.
• Witnesses: The names of the people you signed your will in front of are listed in your will. It is required in several states to have your will notarized.

Format for a Simple Will in English

Below is the format of a simple will in English. You can modify the language a little if required. However, this is generally the legal format used.

Format of a Simple Will in Hindi

You can find the basic format of a will in the Hindi language as below. You can modify the language a little if required, however, this is generally the legal format used.

How to Register a Will?

Registering your will after you have drafted it is a good idea, as this will ensure that you have a legal copy of the document. Additionally, the filed will and the original can be compared to detect any alteration. If the original is destroyed, you can also request a copy from the registrar’s office.
You must complete the following to register a will:
First, consult a lawyer to ensure that the will is correctly drafted (according to the previously mentioned details).
Make an appointment to register at the sub-registrar’s office.
Verify the regulations in your particular state and then pay the necessary registration fees.
Visit the sub-registrar’s office with two qualified witnesses.
The registered copy will be available for pickup in approximately one week.
The process is a simple one, and it is recommended that you get the registration done.

What is a Digital Will?

A digital will is drafted, signed, and certified using any kind of electronic document. It is sometimes referred to as an e-will or electronic will. Everything is digitally documented, including your assets and who you want to inherit them from after your death. Nevertheless, digital wills are not recognized by the Indian legal system.

What Happens if there is No Will?

Your family members will probably fight if you die without leaving a legitimate will. But in terms of property split, laws exclusive to that faith apply in that situation. However, this is only possible if the disagreement goes to court.
By the Hindu Succession Act, in the event of male Buddhists, Sikhs, Jains, or Hindus:

The property will first devolve upon those relatives who are mentioned in Class I
In case of no Class I heir, the property will devolve upon relatives in Class II
In case of no Class II heir, the property will devolve upon agnates (those who are related entirely through males by virtue of adoption or blood)
If no agnates are present, then the property will devolve upon cognates (those who are related by adoption or blood but not entirely through males)

In the case of female Hindus, Buddhists, Jain or Sikhs:

The property will first devolve upon the husband and sons and daughters (these include any predeceased son or daughter’s children), equally
In the absence of the above heirs, the property will devolve upon the husband’s heirs
In case there are no heirs on the husband’s side, then the property will devolve to the parents
In case the parents are not alive, the property will devolve upon the father’s heirs
If there are no heirs on the father’s side, the property will devolve upon the mother’s heirs

In the case of Hindu Undivided Family (as per survivorship)

If the Karta passes away, the property will devolve upon the members (those surviving) of four generations
Even though the heirs are Hindus, the property will not devolve as per the Hindu Succession Act
A male or female relative from Class I can stake a claim on the property’s share. In that case, the property will devolve upon that relative according to the Hindu Succession Act

In the case of Christians, as per the Indian Succession Act:

The wife will receive one-third of the property, while the rest will be divided among the children equally (these include any predeceased son or daughter’s children)
In the absence of a wife, the property will get divided equally among the children
In the absence of children, the property will be divided equally among the husband’s and wife’s relatives
In the absence of relatives, the property will devolve upon the deceased’s parents

In the case of Parsis, as per the Indian Succession Act:

The wife will get half of the property, and the children will get the rest
In the absence of a wife, the property will get divided among children, equally
If there is no wife or child, the deceased’s parents will receive the assets

What’s a Valid Will?

For a will to be deemed legitimate, it must meet several requirements. A will that lacks legal validity is equivalent to having none at all. The prerequisites for a legitimate will comprise
• To create a will, the testator must be of legal age. Most states consider 18 years of age or older to be the legal age.

• The testator must be of sound mind, comprehend the meaning of a will, and be aware of the consequences of a will.
• If the signer plans to make a revocable disposal of property in the event of their death, they have the intent or intend to form a will.
• The creation of a will must be voluntary. A forced or coerced will is not regarded as legitimate.

• Proper distribution of property among friends and family is a requirement of the will.

• an adequately dated, signed, and witnessed will is legitimate. Laws must be followed regarding the number of witnesses.

To Conclude – Making of a Will

Hopefully, you’ve realized by now how important it is to have a legally binding will so that your loved ones will know what happens to you once you pass away. Keep in mind that a will written by a kid, someone who has a mental illness or is not in their right mind, or someone who is being coerced will not be deemed legitimate or enforceable in a court of law. Additionally, you can only state and express your intentions about assets that entirely belong to you.

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