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N Omprakash   02 April 2025

Writing of will by legal heir

Sir/s.

In a case husband died without writing WILL. 

Wife, son and daughter obtained legal heir certificate from Court of law. 

Now, how to write WILL individually. 

Please help. 

Thank you

 



 8 Replies

Real Soul.... (LEGAL)     02 April 2025

Just will is a desire and there is not any legal format required. You need to mention clearly the descripttion of property or bank account or any assets same as described in papers and divide them as your wish. The will comes into effect after death and it can be changed or cancelled anytime.

Write the will in presence of two witnesses and let them as well as them to sign  the will.
Will be much better if registered in court or you can notarize even, though that is not required  under law

N Omprakash   02 April 2025

Thank you, sir. 

It is a dilemma, Wife wants to write WILL. There is one house property. How to write for 1/3 of her share. 

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     02 April 2025

Since the husband passed away without a will, the wife, son, and daughter obtained a legal heir certificate from the court.

Now, each of them wants to write their individual wills.

Here's a step-by-step guide to help them: Essential Elements of a Valid Will - *Sound Mind and Age*: Each person must be of sound mind and above 18 years old to write a valid will. -

*Free Consent*: The will must be made with free consent, without any force, coercion, or threat. -

*Listing of Assets*: Clearly list all assets, including property, savings, shares, stocks, and bonds. -

*Division of Assets*: Unambiguously state how the assets will be divided among the beneficiaries. -

*Appointment of Executor*: Choose a trusted executor to manage the estate and transfer assets to the beneficiaries. -

*Signatures and Witnesses*: Sign the will in the presence of two witnesses, who must also sign the document.

Writing the Will - *Use Simple Language*: Write the will in plain, simple language to avoid confusion. -

 *Be Specific*: Clearly state the names of the beneficiaries and the assets they will receive. -

*Update the Will*: Regularly update the will to reflect changes in assets, relationships, or other circumstances. Additional Tips -

*Consult a Lawyer*: Consider consulting a lawyer to ensure the will is valid and meets all legal requirements. - *Store the Will Safely*: Keep the original will in a safe

Vishesh K Sapra (Advocate Supreme Court (888-215-3399))     02 April 2025

Hi, 

Since the husband died intestate (without a Will), his legal heirs – wife, son, and daughter – will inherit his estate equally as per the Hindu Succession Act, assuming the parties are Hindus.


Now, each legal heir is free to write their own individual Will regarding their respective share in the inherited property. The Will should clearly mention:
 1. That the share was inherited as a legal heir.
 2. The details of the asset being bequeathed.
 3. The beneficiary’s name.
 4. It should be signed in presence of two witnesses.


There is no need for any court permission to execute an individual Will over one’s inherited share.


You can get in touch with me at adv.vishesh@icloud.com to discuss this further.

N Omprakash   02 April 2025

Thank you, sir/s

T. Kalaiselvan, Advocate (Advocate)     02 April 2025

You can write a Will bequeathing your undivided share in the property in favour of your chosen beneficiary.

You may be aware that you can change your Will anytime during your lifetime.

Law Student   02 April 2025

Why do you want to write a will? 

Are you sure you want to write a will for the three of you? 

Or, is it your intention to divide the property into three equal shares for the three of you? 

If the intention is to divide the property among the three of you, then draft a Partition Deed and register it. 

What old are son and daughter? Are they majors or minors? 

First, think clearly and decide what you want. Will or Partition Deed. 

Dr. J C Vashista (Advocate )     03 April 2025

Any one of the legal heirs may execute a will for his / her share.


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