When there is a will8230;

We associate wills with assets in the region of Rs 5,000 crore, but even lesser mortals need them. A primer on wills. These become even more...

We associate wills with assets in the region of Rs 5,000 crore, but even lesser mortals need them. A primer on wills. These become even more important as traditionally sacrosanct relationships like between husband and wife, parents and children begin to break down in metropolitan India. In fact, so sure was the Hindu religion of the sanctity of these relationships that there is no mention of any rule that would divide the assets after the death of a person.

What is a will?
Will is a document which ensures your wishes with respect to your assets and property are followed after your death. A codicil is an addendum made to the will. It explains, alters or adds to the content of the will and has to be executed and attested like a Will.

Who can make a Will?
Anybody who is not a minor, is of sound mind and is free from fraud, coercion or undue influence can make a will. Such a person is called a testator.

When is it valid?
A will can be written in any language and no technical words need to be used. To be effective, the will needs to be signed and attested. The will must be initialled by the testator at the end of every page and next to any correction and alteration.

What is a codicil?
A codicil is an addendum made to the Will. It explains, alters or adds to the content of the Will and is said to be a legal part of it. A codicil has to be executed and attested like a Will.

Who is an 8216;executor8217;?
An executor is a person who is appointed by a testator to execute the will. A probate of a will is granted only to an executor appointed by the will.

What is a 8216;probate8217;?
A probate means a copy of the will, certified under the seal of a competent Court, with a grant of administration of the estate to the executor of the testator. It is the official evidence of an executor8217;s authority. Once granted, it is the conclusive evidence of the validity of a will.

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When can a will be contested?
A will can be contested but the burden of proof is on the person who contests the will. The person contesting the will can do so on the following counts:

8226; Mental and physical fitness of the testator. For example, if medical records show that the testator was of unsound mind while writing the will.

8226; Nature and language of the will. For example, if the will is in a language unknown to the testator.

8226; Nature of the signature on the will. If the sign is unclear.

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8226; Existence of suspicious circumstances, like undue influence, fraud or coercion by the beneficiary.

8226; Benefit taken by solicitor, advisor, executor, writer or spiritual guide due to being in a position of undue influence.

8226;Two wills in a short space of time.