9 Tips on Making an Effective Will at Home

Last Will and Testament

Due to increasing number of COVID 19 cases, people have realized that they ought to prepare for the worst. In the last four months we have seen a surge in the number people making a Will and taking Life Insurance Policies. Some people still think a Will is a comprehensive legal document which requires a lot of formalities. However, making a Will barely takes more than an hour and it requires no registration, no stamp paper, and can even be handwritten (in fact, it’s better if it’s handwritten, but more on that later.). Here’s a few points to keep in mind while making a Will:

1) Essential Requirements: Your Will must include (a) Your full name and address; (b) Who will be your Executor (a family member or close friend who will oversee that your properties/monies will be distributed in accordance with the Will and who will apply for probate, if required.); (c) Which properties will go to whom (the main part of the Will!) (d) your full signature on last page along with date of signing (e) you require two witness to sign the Will (they don’t need to know the contents of the Will they just need to identify your signature)

2) To Type or Not to Type: The most basic ground to challenge a Will is to say that the signature on it is forged. A Will written by hand (formally called a ‘Holographic Will’) is harder to challenge since it is difficult to contend that the handwriting on the entire Will is forged. Consider writing your Will by hand, if you have a legible handwriting!

3) Add Residuary Clause: This is an important clause that even a few lawyers miss out on. In your Will you have mentioned which properties you will leave to whom, but what about properties that you will acquire after making the Will? And what about properties such as shares or jewellery which you forgot to mention in the Will? The Residuary clause is sort of a ‘catch-all’ towards the end of the Will which goes something like “I leave all remaining properties, whether present or future, whether immoveable or moveable, of whatsoever nature, to Ms._______”

4) One Witness ought to be a Doctor: We highly recommend this because the second-most common ground on which a Will is challenged is that the person who made it was not of sound mind at the time it was made. If you have a medical professional (preferably, someone who deals with mental illnesses) as a witness, it becomes harder to challenge the mental state of the maker of the Will.

5) Witness and Executor ought to be Young: The Executor has to oversee the distribution of assets under the Will and the Witness has to testify about your signature and help proving the Will. Thus, it is important that they outlive you!

6) Full Signature on every Page: Not mandatory, but highly recommended for typed Wills, so that nobody changes any of the pages!

7) Avoid Codicils: A Codicil is like an amendment to the Will, which people attach to the Will. The problem is if the Codicil is lost or stolen then the original Will will prevail. If you have to make changes to the Will, we suggest you just make a fresh Will and destroy the older one.

8) Consider Beneficiaries Dying Before You: Let’s say in your Will you leave everything to your wife. Now what if your wife passes away before you? You probably won’t remember to change your Will, and when you pass away your other legal heirs will end up fighting for your property. So when you make the Will leaving everything to your wife, in the same will just add a line “In case my wife predeceases me, then the property shall go to….”

9) Consult Expert on where to Store the Will: You might not want other people to know about your Will, but if you hide it how do you make sure that it is found after your death? The ideal method for storing a Will is something very case specific and you should consult for the same.

Also remember that nomination is not the same as succession! Even if you have put a person’s name as a nominee for any shares/account/property, it doesn’t mean that others cannot claim that shares/account/property.

The above article is written by Vikrant Shetty of Taurus Legal.

Note: The above is provided for general informational purposes only and should not be considered a legal opinion of Taurus Legal nor relied upon in lieu of specific advice. We disclaim any liability that might arise from your use of any information contained in this email, as such information is not legal advice, does not contain legal opinions, and is subject to change.