Lead India: Can anyone write their will at home before dying?

Thursday 11 August 2022

Can anyone write their will at home before dying?

Preparing a will ensures that one's property is distributed to the right heirs and according to one's wishes. A Will is a formal declaration of the testator's intentions regarding the property that he wishes to be carried out after his death under the Indian Succession Act of 1925. 

When a person passes away, his or her property passes in one of two ways: either in accordance with his or her testamentary will or, in the absence of a will, in accordance with the applicable laws of succession. In the event that a person passes away without leaving a will, the laws of succession take effect. 

A person can create a will at any point in their life. A testator may create a Will as many times as they choose. However, only the last Will he made before dying is legitimate. To be legally binding, a will must be signed or engraved with the testator's thumb print. Two or more witnesses must attest to it, and each witness must have seen the testator sign the will. But for all this registering process of the will, you will need the Best Property Lawyers In Mumbai, so that the process of registering the will in court goes smoothly. 

Lawyers In Mumbai are very much well acknowledged for handling these types of clients who come to them regarding the guidelines for the preparation of a will and what is the procedure for registering such a will. However, a will that was acquired through coercion, force, or undue influence is invalid since it interferes with the individual's right to free will. A will that was made while intoxicated or in a condition that would have removed the testator's capacity for free will is null and void. 

Will can be written at home?

A will can be prepared and written at home by the testator, without any undue influence or force, but registering your will at the sub-registrar's office makes that will evidentiary proof for the later purpose when the testator passes away.

Even though registering a will with the sub-registrar is not required, it is an option that the testator can get his will registered, and later if he wants, to make a change or wants to revoke his will, he can do it at any time. A will can also be maintained in a safe spot after being sealed.

After the testator passes away, the executor of the will or an heir may submit an application for probate. The other heirs of the deceased will be questioned by the court to see whether they have any objections to the Will. If no objections are raised, the court will grant probate. A probate is a copy of a will that has been certified by the court and serves as conclusive proof that the document is authentic and valid.

We frequently observe individuals or testators drafting their wills from home and sending the final draught via email for review and finalization by their lawyers in the current times, when it is challenging to meet legal advisors and lawyers in Mumbai. 

If you are seeking help for the preparation of a will or as a testator you have already prepared your will and want to help in registering it in the sub-registrar office. Then you can contact lead India, we have a bunch of experienced lawyers, Best Family Lawyers In Mumbai who have been dealing in cases similar to yours. Our skilled attorneys made it possible and hassle-free for old-aged clients to register their will in an easy and smooth manner. We do provide direction and help for the creation of a will. If you are looking to get help regarding such cases, you can reach us out our team is ready to assist you in your available time. 

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