Will Document Writing Services

What is a Legal Will?

A legal will is considered as an agreement that determines the right of a testator to declare his property to the rightful owners after his demise. Within the will, there is an executor (also referred to as the executrix) who can distribute the property as per the directions of the testator. It is crucial to take proper legal advice before drafting the will document.

In a legal will, the first and foremost thing to know the role of parties in involved drafting the will document. The testator is the person who drafts the document and includes all the rights and liabilities. The executor has the responsibility to dispose of the property to the rightful beneficiary.

Regulatory Law for a Will Document in India

The main law to regulate a will document in India is the Indian Succession Act 1925 which applies to any testaments associated with a will of the testator. Section 2(h) of the Act defines a will as a legal declaration referring to the individual’s assets and property, which he/she desires to distribute, after his death. All the possessions of the testator would pass to the beneficiaries mentioned in the will. Hence, a will is a crucial legal document that must be prepared as per the wants of the testator.

Parties Involved in the Legal Will

The following parties are involved in a legal will:

• Testator

This person drafts the will document as per his desire to distribute his/her property to a beneficiary of his/her choice.  

• Executor

On the death of the testator, the executor has the responsibility to distribute the properties and assets to the rightful beneficiaries. An executor is additionally referred to as an executrix. These are generally lawyers who have created the will as per instructions of the Testator.

• Beneficiaries

Beneficiaries are the individuals who are named within the will for the distribution of all properties and assets. Beneficiaries are generally family members, partnership firms, companies, and NGOs.

• Trustee

A trustee is usually a person to manage the property on behalf of the beneficiary. In case the testator dies, and the beneficiary is still a minor, then till the period, the beneficiary becomes an adult the trustee would inherit and manage the property and assets. After the beneficiary becomes eligible to inherit the property, the trustee will hand over all the control to him/her.

• Legal Guardian

In case the beneficiary is a minor child, the trustee would be named the legal guardian to take care of the beneficiary till he/she attains the majority.

Benefits of Creating a Will

• Will is a legal instrument that ensures an efficient transition of assets after the death of the testator. The assets would be distributed as per the instructions of the testator.
• Usually, once the Will document is planned and decided, it takes about three to four days for drafting. This gives appropriate time to the individuals to think of making any changes to the will.

Types of Will Documents

• Unprivileged Will

This type of will come with the property and assets of the party where the assets are dispersed as per the desire of the testator.

• Contingent or Conditional Will

From the name of the above, a contingent will or a conditional will may be a will that’s prepared by a private that sometimes features a condition or a contingency. A condition or contingency is typically an event of a specific event. the desire would be operative only on the happening of a specific event.

• Privileged Will

This type of legal will is prepared by people or individuals in the defense sector.

• Joint Will

This type of will document has two or more testators who express their rights for the distribution of assets.

• Mutual Will

Generally, this type of legal will would be prepared and executed by a married couple to declare their rights. After the death of 1 party, the other would be bound by the provisions of the will.

• Concurrent Will

This type of legal will is drafted by the testator himself.

• Duplicate Will

A Duplicate will contain the same content as the original will. 

Main Element of a Will Document

• The testator or the creator of the document must be 18+ age. 
• Any testament or statement associated with the document should be included in the legal will.
• The Testator must be proper in his mental capacity while drafting the will. This is understood as the full mental capacity of the individual.
• An executor must be appointed by the testator while drafting the will document.
• In the case of a minor, the testator should appoint a trustee or guardian for the care of the minor, until he attains adulthood.
• If the property, assets, or estates of the testator need to be managed, then the testator must appoint a trustee for the management of assets on behalf of the beneficiary.
• If the legal will is not written by an individual, then at least their signature must be present on the will document signed in presence of two or more witnesses.
• All the provisions associated with creating the will document should comply with the Indian Succession Act, 1925.