Appendix ‘R’
(Refers to Para 18 of Part II)
EXECUTION OF WILL
General
1. All Wills should be clear-cut unambiguous and precise. Please refer to AO 4/91.
2. An Executor can be a beneficiary under the Will.
3. Witnesses cannot be beneficiaries under the Will.
4. All Wills are revocable. However, in case of revoking any Will especially so a registered
Will – it should be clearly stated in the latest Will that, “All previous Wills, whether registered or
un-registered, whatsoever and wherever, stand revoked and cancelled”. This will avoid any
controversies.
5. It should be noted that a registered Will takes precedence over an un-registered Will. Hence
in case of any revocation or alteration of an earlier Will, the latest Will must be registered.
6. Probate is mandatory for immovable properties situated in West Bengal, Pondicherry,
Chennai and Mumbai. The Executor of the Will has to apply for the probate in the courts
concerned in these States.
7. Probate is not necessary in other States of India, especially so if the Will is a valid
registered document.
Choice of an Executor
8. Execution of any Will rests with the Executor of the Will. Hence it is imperative that the
executor be an honest, trustworthy and reliable person.
9. It is advisable to have a younger person in good health as an Executor, to try and ensure
that he/she does not pre-decease the Testator of the Will. To avoid such an eventuality, an
Alternative Executor may also be appointed in any Will.
10. It is advisable to appoint a reliable lawyer as an Executor, in case the property has to be
divided amongst different heirs, or if a Will gives only life interest to any one person and thereafter
the ownership rights vest with someone else.
11. The Executor must know the contents of the Will and be will and be willing to execute the
Will according to the wishes of the Testator.
12. The Executor must be a resident of the same town as the Testator, to enable him to execute
the concerned Will, legally and expeditiously.
Choice of Witnesses
13. Witnesses need not know the contents of the Will, but they must be present at the time with
the Testator and all of them must sign the Will in the presence of each other.
14. Beneficiaries cannot be Witnesses to any Will.
15. Witnesses should preferably be younger to the Testator, of sound integrity and good
financial position, to ensure that they cannot be “bought over” by any disgruntled beneficiary or
relations.
16. Witness should also be permanent residents of the same town as the Testator, so that they
can easily give evidence in Court, if so required.
Contents of a Will
17. `It is advisable Not to disclose the contents of a Will to the beneficiaries. Such disclosure
generally leads to un-necessary arguments, and harassment of the Testator.
A WORD OF CAUTION
18. It has been observed that the tendency to treat the elderly dependents with a degree of
callousness, is becoming rampant in our society today. It is therefore advisable that the Testator of
WILL makes full provisions for financial independence for self and spouse while executing a Will.
Appendix ‘R’
(Refers to Para 18 of Part II)
EXECUTION OF WILL
General
1. All Wills should be clear-cut unambiguous and precise. Please refer to AO 4/91.
2. An Executor can be a beneficiary under the Will.
3. Witnesses cannot be beneficiaries under the Will.
4. All Wills are revocable. However, in case of revoking any Will especially so a registered
Will – it should be clearly stated in the latest Will that, “All previous Wills, whether registered or
un-registered, whatsoever and wherever, stand revoked and cancelled”. This will avoid any
controversies.
5. It should be noted that a registered Will takes precedence over an un-registered Will. Hence
in case of any revocation or alteration of an earlier Will, the latest Will must be registered.
6. Probate is mandatory for immovable properties situated in West Bengal, Pondicherry,
Chennai and Mumbai. The Executor of the Will has to apply for the probate in the courts
concerned in these States.
7. Probate is not necessary in other States of India, especially so if the Will is a valid
registered document.
Choice of an Executor
8. Execution of any Will rests with the Executor of the Will. Hence it is imperative that the
executor be an honest, trustworthy and reliable person.
9. It is advisable to have a younger person in good health as an Executor, to try and ensure
that he/she does not pre-decease the Testator of the Will. To avoid such an eventuality, an
Alternative Executor may also be appointed in any Will.
10. It is advisable to appoint a reliable lawyer as an Executor, in case the property has to be
divided amongst different heirs, or if a Will gives only life interest to any one person and thereafter
the ownership rights vest with someone else.
11. The Executor must know the contents of the Will and be will and be willing to execute the
Will according to the wishes of the Testator.
12. The Executor must be a resident of the same town as the Testator, to enable him to execute
the concerned Will, legally and expeditiously.
Choice of Witnesses
13. Witnesses need not know the contents of the Will, but they must be present at the time with
the Testator and all of them must sign the Will in the presence of each other.
14. Beneficiaries cannot be Witnesses to any Will.
15. Witnesses should preferably be younger to the Testator, of sound integrity and good
financial position, to ensure that they cannot be “bought over” by any disgruntled beneficiary or
relations.
16. Witness should also be permanent residents of the same town as the Testator, so that they
can easily give evidence in Court, if so required.
Contents of a Will
17. `It is advisable Not to disclose the contents of a Will to the beneficiaries. Such disclosure
generally leads to un-necessary arguments, and harassment of the Testator.
A WORD OF CAUTION
18. It has been observed that the tendency to treat the elderly dependents with a degree of
callousness, is becoming rampant in our society today. It is therefore advisable that the Testator of
WILL makes full provisions for financial independence for self and spouse while executing a Will.
Appendix ‘R’
(Refers to Para 18 of Part II)
EXECUTION OF WILL
General
1. All Wills should be clear-cut unambiguous and precise. Please refer to AO 4/91.
2. An Executor can be a beneficiary under the Will.
3. Witnesses cannot be beneficiaries under the Will.
4. All Wills are revocable. However, in case of revoking any Will especially so a registered
Will – it should be clearly stated in the latest Will that, “All previous Wills, whether registered or
un-registered, whatsoever and wherever, stand revoked and cancelled”. This will avoid any
controversies.
5. It should be noted that a registered Will takes precedence over an un-registered Will. Hence
in case of any revocation or alteration of an earlier Will, the latest Will must be registered.
6. Probate is mandatory for immovable properties situated in West Bengal, Pondicherry,
Chennai and Mumbai. The Executor of the Will has to apply for the probate in the courts
concerned in these States.
7. Probate is not necessary in other States of India, especially so if the Will is a valid
registered document.
Choice of an Executor
8. Execution of any Will rests with the Executor of the Will. Hence it is imperative that the
executor be an honest, trustworthy and reliable person.
9. It is advisable to have a younger person in good health as an Executor, to try and ensure
that he/she does not pre-decease the Testator of the Will. To avoid such an eventuality, an
Alternative Executor may also be appointed in any Will.
10. It is advisable to appoint a reliable lawyer as an Executor, in case the property has to be
divided amongst different heirs, or if a Will gives only life interest to any one person and thereafter
the ownership rights vest with someone else.
11. The Executor must know the contents of the Will and be will and be willing to execute the
Will according to the wishes of the Testator.
12. The Executor must be a resident of the same town as the Testator, to enable him to execute
the concerned Will, legally and expeditiously.
Choice of Witnesses
13. Witnesses need not know the contents of the Will, but they must be present at the time with
the Testator and all of them must sign the Will in the presence of each other.
14. Beneficiaries cannot be Witnesses to any Will.
15. Witnesses should preferably be younger to the Testator, of sound integrity and good
financial position, to ensure that they cannot be “bought over” by any disgruntled beneficiary or
relations.
16. Witness should also be permanent residents of the same town as the Testator, so that they
can easily give evidence in Court, if so required.
Contents of a Will
17. `It is advisable Not to disclose the contents of a Will to the beneficiaries. Such disclosure
generally leads to un-necessary arguments, and harassment of the Testator.
A WORD OF CAUTION
18. It has been observed that the tendency to treat the elderly dependents with a degree of
callousness, is becoming rampant in our society today. It is therefore advisable that the Testator of
WILL makes full provisions for financial independence for self and spouse while executing a Will.
Appendix ‘R’
(Refers to Para 18 of Part II)
EXECUTION OF WILL
General
1. All Wills should be clear-cut unambiguous and precise. Please refer to AO 4/91.
2. An Executor can be a beneficiary under the Will.
3. Witnesses cannot be beneficiaries under the Will.
4. All Wills are revocable. However, in case of revoking any Will especially so a registered
Will – it should be clearly stated in the latest Will that, “All previous Wills, whether registered or
un-registered, whatsoever and wherever, stand revoked and cancelled”. This will avoid any
controversies.
5. It should be noted that a registered Will takes precedence over an un-registered Will. Hence
in case of any revocation or alteration of an earlier Will, the latest Will must be registered.
6. Probate is mandatory for immovable properties situated in West Bengal, Pondicherry,
Chennai and Mumbai. The Executor of the Will has to apply for the probate in the courts
concerned in these States.
7. Probate is not necessary in other States of India, especially so if the Will is a valid
registered document.
Choice of an Executor
8. Execution of any Will rests with the Executor of the Will. Hence it is imperative that the
executor be an honest, trustworthy and reliable person.
9. It is advisable to have a younger person in good health as an Executor, to try and ensure
that he/she does not pre-decease the Testator of the Will. To avoid such an eventuality, an
Alternative Executor may also be appointed in any Will.
10. It is advisable to appoint a reliable lawyer as an Executor, in case the property has to be
divided amongst different heirs, or if a Will gives only life interest to any one person and thereafter
the ownership rights vest with someone else.
11. The Executor must know the contents of the Will and be will and be willing to execute the
Will according to the wishes of the Testator.
12. The Executor must be a resident of the same town as the Testator, to enable him to execute
the concerned Will, legally and expeditiously.
Choice of Witnesses
13. Witnesses need not know the contents of the Will, but they must be present at the time with
the Testator and all of them must sign the Will in the presence of each other.
14. Beneficiaries cannot be Witnesses to any Will.
15. Witnesses should preferably be younger to the Testator, of sound integrity and good
financial position, to ensure that they cannot be “bought over” by any disgruntled beneficiary or
relations.
16. Witness should also be permanent residents of the same town as the Testator, so that they
can easily give evidence in Court, if so required.
Contents of a Will
17. `It is advisable Not to disclose the contents of a Will to the beneficiaries. Such disclosure
generally leads to un-necessary arguments, and harassment of the Testator.
A WORD OF CAUTION
18. It has been observed that the tendency to treat the elderly dependents with a degree of
callousness, is becoming rampant in our society today. It is therefore advisable that the Testator of
WILL makes full provisions for financial independence for self and spouse while executing a Will.
Appendix ‘R’
(Refers to Para 18 of Part II)
EXECUTION OF WILL
General
1. All Wills should be clear-cut unambiguous and precise. Please refer to AO 4/91.
2. An Executor can be a beneficiary under the Will.
3. Witnesses cannot be beneficiaries under the Will.
4. All Wills are revocable. However, in case of revoking any Will especially so a registered
Will – it should be clearly stated in the latest Will that, “All previous Wills, whether registered or
un-registered, whatsoever and wherever, stand revoked and cancelled”. This will avoid any
controversies.
5. It should be noted that a registered Will takes precedence over an un-registered Will. Hence
in case of any revocation or alteration of an earlier Will, the latest Will must be registered.
6. Probate is mandatory for immovable properties situated in West Bengal, Pondicherry,
Chennai and Mumbai. The Executor of the Will has to apply for the probate in the courts
concerned in these States.
7. Probate is not necessary in other States of India, especially so if the Will is a valid
registered document.
Choice of an Executor
8. Execution of any Will rests with the Executor of the Will. Hence it is imperative that the
executor be an honest, trustworthy and reliable person.
9. It is advisable to have a younger person in good health as an Executor, to try and ensure
that he/she does not pre-decease the Testator of the Will. To avoid such an eventuality, an
Alternative Executor may also be appointed in any Will.
10. It is advisable to appoint a reliable lawyer as an Executor, in case the property has to be
divided amongst different heirs, or if a Will gives only life interest to any one person and thereafter
the ownership rights vest with someone else.
11. The Executor must know the contents of the Will and be will and be willing to execute the
Will according to the wishes of the Testator.
12. The Executor must be a resident of the same town as the Testator, to enable him to execute
the concerned Will, legally and expeditiously.
Choice of Witnesses
13. Witnesses need not know the contents of the Will, but they must be present at the time with
the Testator and all of them must sign the Will in the presence of each other.
14. Beneficiaries cannot be Witnesses to any Will.
15. Witnesses should preferably be younger to the Testator, of sound integrity and good
financial position, to ensure that they cannot be “bought over” by any disgruntled beneficiary or
relations.
16. Witness should also be permanent residents of the same town as the Testator, so that they
can easily give evidence in Court, if so required.
Contents of a Will
17. `It is advisable Not to disclose the contents of a Will to the beneficiaries. Such disclosure
generally leads to un-necessary arguments, and harassment of the Testator.
A WORD OF CAUTION
18. It has been observed that the tendency to treat the elderly dependents with a degree of
callousness, is becoming rampant in our society today. It is therefore advisable that the Testator of
WILL makes full provisions for financial independence for self and spouse while executing a Will.
Appendix ‘R’
(Refers to Para 18 of Part II)
EXECUTION OF WILL
General
1. All Wills should be clear-cut unambiguous and precise. Please refer to AO 4/91.
2. An Executor can be a beneficiary under the Will.
3. Witnesses cannot be beneficiaries under the Will.
4. All Wills are revocable. However, in case of revoking any Will especially so a registered
Will – it should be clearly stated in the latest Will that, “All previous Wills, whether registered or
un-registered, whatsoever and wherever, stand revoked and cancelled”. This will avoid any
controversies.
5. It should be noted that a registered Will takes precedence over an un-registered Will. Hence
in case of any revocation or alteration of an earlier Will, the latest Will must be registered.
6. Probate is mandatory for immovable properties situated in West Bengal, Pondicherry,
Chennai and Mumbai. The Executor of the Will has to apply for the probate in the courts
concerned in these States.
7. Probate is not necessary in other States of India, especially so if the Will is a valid
registered document.
Choice of an Executor
8. Execution of any Will rests with the Executor of the Will. Hence it is imperative that the
executor be an honest, trustworthy and reliable person.
9. It is advisable to have a younger person in good health as an Executor, to try and ensure
that he/she does not pre-decease the Testator of the Will. To avoid such an eventuality, an
Alternative Executor may also be appointed in any Will.
10. It is advisable to appoint a reliable lawyer as an Executor, in case the property has to be
divided amongst different heirs, or if a Will gives only life interest to any one person and thereafter
the ownership rights vest with someone else.
11. The Executor must know the contents of the Will and be will and be willing to execute the
Will according to the wishes of the Testator.
12. The Executor must be a resident of the same town as the Testator, to enable him to execute
the concerned Will, legally and expeditiously.
Choice of Witnesses
13. Witnesses need not know the contents of the Will, but they must be present at the time with
the Testator and all of them must sign the Will in the presence of each other.
14. Beneficiaries cannot be Witnesses to any Will.
15. Witnesses should preferably be younger to the Testator, of sound integrity and good
financial position, to ensure that they cannot be “bought over” by any disgruntled beneficiary or
relations.
16. Witness should also be permanent residents of the same town as the Testator, so that they
can easily give evidence in Court, if so required.
Contents of a Will
17. `It is advisable Not to disclose the contents of a Will to the beneficiaries. Such disclosure
generally leads to un-necessary arguments, and harassment of the Testator.
A WORD OF CAUTION
18. It has been observed that the tendency to treat the elderly dependents with a degree of
callousness, is becoming rampant in our society today. It is therefore advisable that the Testator of
WILL makes full provisions for financial independence for self and spouse while executing a Will.
