Frequently Asked Questions
1. What is a Will ?
A Will is a legal binding document that identifies who should inherit a person’s property after his / her demise. also known as a testamentary document by which a person set forth his / her wishes regarding the distribution of his / her property and the care if he/she have any minor children, the Will is to be effective after his / her demise, the assets will be devolve on the person in whose favour it is bequeathed after death of a testator. The Will would specifically have details of all considerations that the testator has in mind to carry out his / her wish in this regard.
2. What is meaning of a Testator?
A person who creates a will is called as “Testator”.
3. What is meaning of a beneficiary ?
As per Will, someone who is designated to receive any property, any kind of estate is called a “Beneficiary”.
4. What is meaning of a Intestate ?
The person who died without a Will is known as “Intestate”, dying Intestate means you have no control over who inherits so Will is the only way to making wishes known when someone died.
5. Who can execute a will ?
In India any major person above the age of 18 years and mentally sound person can execute a Will in his / her free consent and without fraud or undue influence over him / her.
6. Can I appoint a guardian for my minor children in my will ?
Yes. You can appoint a guardian to care for your minor children; the guardian will have legal guardianship over the minor children until they reach their age of 18 years.
7. Can I cancel or revise my Will ?
Yes. A testator can cancel or revise his/her Will at any time during his / her lifetime.
8. Whether a Will is compulsory registered ?
No. it’s not compulsory to register a Will, to register or to notarize a Will is option of executants, However it is better to do so and a common practice to register / notarize, it will helpful that to prove its genuineness.
9. What is minimum and maximum age limit to execute a Will ?
In India every sound mind person who has completed his / her age of 18 years may make a Will there is no upper limit to execute a Will.
10. What is meant by Probate of a Will ?
In simple language Probate means “the copy of a Will certified under the seal of a court of competent jurisdiction with a grant of administration of the estate of the testator”. It is obtained from the court by which court pass a decree the regarding legality and genuineness of the Will of the deceased person.
11. What happens if a person dies without a last will ?
The deceased persons assets will be distributed according to the laws of the state, dying without a Will means you have no control over who inherits from you. Someone could receive a part or the whole of your estate who you would not wish to benefit.
Your loved ones may also find it more time consuming and costly to deal with your estate. A Will is the only way of making your wishes known when you die. Dying without a proper Will may create family disputes and legal litigations.