Writing a will
Chitra
(Querist) 11 July 2014
This query is : Resolved
Hi,
I am an unmarried female residing at Delhi. I now wish to write a WILL of my self-earned property/assets.
In my will i wish to distribute a certain amount towards all my family members including my would-be.
Since I am on the verge of settling down with my would be in near future. After my marriage takes place, will my parents/siblings or any other party lose their share as documented by me in the WILL and all the assets would be transferred to my husband (by default) or does the WILL not lose its essence and value irrespective of my status change?
Also, please advise if the WILL needs to be registered, If yes, how and where? Else can I simply write / type it on plain sheet/bond paper and keep with me?
A.C
I additionally wish to ask 2 things:
a) Can one of the beneficiary of my WILL be the executor as well? Will it be valid?
b) Although its a personal choice but as a best practice who should be chosen as witnesses for ease of settlement later? (Eg : Close relatives, best friends, lawyer, colleague etc). Are they required to represent incase of any dispute later?
Thanks a lot to all the valuable inputs posted for my query.
Devajyoti Barman
(Expert) 11 July 2014
The beneficiary of your Will doe snot loose anything with your marriage as long as the property you wish to bequeath continue to be yours at the time of your death.
Though it is not mandatory to register a Will, to avoid any future complication over its genuineness in future, it is advisable to make it registered one.
Kuummaar AS
(Expert) 11 July 2014
CERTAIN QUESTIONS REMAIN ANSWERED ALREADY IF WILL IS REGISTERED.
Kishor Mehta
(Expert) 12 July 2014
Madam,
You can make a WILL of your self-earned assets. Your bequeaths shall be valid. There is no transfer by default. Dating the WILL is important.
The WILL may or may not be registered. Every page of the WILL should bear the testator's signature.
Two independent witness should attest the WILL signifying that you have executed the WILL in their presence.
Good Luck,
Kishor Mehta
Dr J C Vashista
(Expert) 12 July 2014
Did you execute any will or now intending to make, incomplete information? If you wish you can bequeath your self-acquired property in favour of any one (may or may not be your family member), however, it can be changed subsequently during your life time (any times).
Get it drafted by some prudent lawyer to avoid legal complicacy after your death, i.e., when the will shall be operative.
ajay sethi
(Expert) 12 July 2014
your subsequent marriage will have no effect on bequests made by you in the will
better get will drafted by a lawyer .it should be signed in presence of 2 witness have it registered
T. Kalaiselvan, Advocate
(Expert) 13 July 2014
The Will you propose to execute to the beneficiaries as per desire will not have any impact on the change of your marital status. the Will will remain in tact until you do not revoke it or amend it or create a fresh Will in its place. The will can be written on a plain paper but has to be witnessed atleast by two persons and they should not be the beneficiary. The Will need not be registered and the unregistered Will shall have the same effect as a registered Will.
P. Venu
(Expert) 15 July 2014
Legal position appears to be that a will is revoked by the testator's marriage. However, this provision does not apply to Hindu, Buddhist, Sikh and Jain
Dr J C Vashista
(Expert) 16 July 2014
I respectfully differ with the expert Mr. P Venu and submit that marriage of testator have no legal consequence/ bearing on the already executed will, untill it is revoked by testator.
P. Venu
(Expert) 16 July 2014
I had stated only the position of law. Kindly see Section 69 of Indian Succession Act.
Section 69. Revocation of will by testator’s marriage
Every will shall be revoked by the marriage of the maker, except a will made in exercise of a power of appointment, when the property over which the power of appointment is exercised would not, in default of such appointment, pass to his or her executor or administrator, or to the person entitled in case of intestacy.
Explanation.–Where a man is invested with power to determine the disposition of property of which he is not the owner, he is said to have power to appoint such property.
V R SHROFF
(Expert) 16 July 2014
YOU NEED TO CHANGE YOUR will immediately AFTER YOUR MARRIAGE..
You can, however, execute it, as you desire now..
