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A Will is a document that you prepare so that your assets are distributed among your legal heirs as per your wishes and not as per the succession laws governing your religion. A Will created through will writing services can assure you that your family bonds remain intact even when you are not around. For that, every individual today must know and understand “Why a Will is necessary” to substantiate his/her family settling.
Our life is prone to contingencies and often individuals resort to insurance policies to fortify themselves against future uncertainties. An insurance claim definitely secures the financial stability of such an individual but if proper instructions about the distribution of an insurance claim are missing, how can one expect a smoother execution of such claim? Hence, we suggest you create a will through Will writing services that clearly mentions each and every detail of disposition of your immovable and movable properties including insurance claims. Even for a single asset like an Insurance policy or a flat/house or a Fixed deposit a Will is required to identify your goals concerning your estate planning or business succession planning.
A Will created through will writing services makes sure that all your wishes are obliged with due respect without any hassles or disputes within the family. In absence of a Will, the legal heirs would have to obtain a succession certificate to claim their succession. Hence a Will which can now be created in a zippy is always a better option for your estate planning or to protect minor kids / ageing parents. Business Succession planning is also vital for individual into small, medium, large businesses including self-employed profession. Selecting a proper successor/s and action to give such successor/s a rights with legal document can ensure a smooth wealth creation from future business income. Similarly, all the NRIs should get a separate Will made, according to the Indian laws for all their properties in India. If it is physically impossible to get this done from a Lawyer in India, an NRI can make use of our Online Will writing or even Will executorship services for the smooth transfer of assets according to the Will.
It is only a Myth in many people’s minds – that if Nominations or Joint Accounts are made for various properties like flats, bank accounts, shares, lockers, etc. it is not necessary to make a Will. However please note that it’s the biggest misconception that a nominee or joint holder automatically becomes a legal heir in the absence of estate planning or business succession planning. A Nominee / Joint Holder can only be a Trustee of your properties or your joint holding in shares and such Nominee or Joint Holder needs to distribute your share in properties to your legal heirs as per your WILL or succession laws. However, physical shares held in companies with a nominee is an exception as per current law; hence nominee of physical shares in a company becomes a legal heir.
However, A Will prepared by an individual who is a Parsi or Christian before getting married is treated as canceled/revoked on his/her marriage. Similarly, in Muslims, a Will is allowed only up to 1/3rd of total owned properties and the rest is distributed equally to the family as per religious Islamic laws like Sharia. There are different laws for Shia, Sunni, and other castes following Muslim religion. A Will made for Muslims requires a detailed understanding of applicable religious laws and the family of the person making the Will.
Many individuals make a Will as a part of Estate Planning or Tax Planning to avoid heavy tax burden. If there is No-Will, all properties will be distributed as per succession laws applicable to you as per the religion you follow like Hindu Succession Law, etc. – and not as per your wishes.
As per Hindu Succession Law – for example if a male person dies without making a Will, all his assets are to be distributed equally to living Mother, Wife, Sons and/or Daughters as Class 1 heirs and if no legal heir is available in Class 1, then the properties go to Class 2 heirs equally viz. Father, Brothers and Sisters.
Not making a Will may create undue conflicts within the family due to confusion about one’s wishes, their understanding of succession laws, and sometimes these disputes end in long-drawn legal litigations in the court of law/media. We have witnessed many such cases in India as well as all over the World. In order to avoid this, one can easily avail our online will writing services.
As an individual of ordinary prudence, we must know and understand the basic concept as to “What is a Will” and dismiss all the incorrect myths prevailing in our minds as educated adults/professionals/businessmen and others. Here are some simple specifications to keep in mind before you proceed to create a Will:
- A Will can be drafted by self or through Will writing services by any individual – whether male or female who owns any kind of property (whether big or small) e.g. flat, bank account, insurance policy, shares, provident fund, gratuity, postal deposit, jewelry, etc.
- A Will created or drafted through Will writing services is nothing but a written document containing a certain set of instructions to distribute your properties after your death, as per your wishes and command to your family i.e. to your parents, spouse, children, needy friends, relatives, servants, charity, etc.
- A Will does not require any stamp paper; it can be made on plain paper or can be initiated by an agent online through online Will writing services.
- A Will can be created in any language which is known to the person when he/she is medically fit for mental capacity and not in coercion.
- A Will can be hand-written or typed and executed by availing various will executor services.
- It requires basic specifications like your personal details, details of your family, your properties and assets, and details of your wishes for the distribution of the same.
- A Will requires your signature and also the attestation/signature of any two witnesses when you sign your Will. Your beneficiaries as per the Will cannot sign as witnesses as they have a vested interest.
- Registration or Notary of a Will is not compulsory; it is optional. You may do so if you wish to. For Registration of Will you will need to visit the nearest sub Registrar’s office from your current residence address along with two witnesses. Your original Will can be kept at any safe place such as home, safe deposit locker, with a friend/relative/lawyer or executor of Will.
- NRI can make a separate Will for India based assets in addition to local asset Will as per local laws. Online Will is best solution for NRIs to avoid specific visit to India for making a Will.
You may read more about What is a Will and Why it is required. Now that you know all the specifications that will help you create a valid Will through Will writing services, here are some tips that will assure you a smoother execution of the same. We recommend the following guidelines to keep in mind:
- Before creating a Will through Will writing services, one must gather information related to all assets and wishes.
- A Will can be easily made by a person himself without any legal assistance through online Will writing services, in a language that’s simple to understand and legally viable for further documentation.
- A Will can be hand-written or typed. It is to be written clearly specifying one’s personal details, family details, property details, bequeath details, and details of both witnesses.
- One must make sure that his/her Will is created when one is mentally sound, without any fear, force, coercion, or undue influence.
- While signing a Will document on plain paper, you must invite two witnesses to sign on all the pages in their presence and allow them both to witnesses your signature on all pages. This document become your Legal Will which is accepted across India by authorities and courts of law.
- One may simply take the assistance of a family member or a legal professional, wealth advisor for drafting a Will for his/her willful estate or business succession planning. Various Will executor services, one being www.willjini.com are easily available for quick guidance and execution.