In India, a Will is a legal document that specifies how a person’s assets and properties should be distributed after their death. It allows individuals to determine the allocation of their movable and immovable properties, thereby reducing potential disputes among legal heirs. The Indian Succession Act 1925 is only enactment in India, which encompasses all details regarding Will. 

Any individuals aged 21 years or older and of sound mind and having property in existence are allowed to make a Will. This includes handicapped persons, as well blind and deaf, and also person who are temporary insane at some time but at the time of execution of Will behave like sane person. However, a Will is treated as void, if executed under influence of person or substance.

Though the Act does not mandate the registration of Will, it is recommended to do so to prevent potential disputes and ensure its supreme status. A Will can be cancelled or altered at many time as per choice of Testator / Testatrix.

Legal Consequences of not making a Will: Many people are under influence that, the property will ‘automatically’ get transferred to their spouse or child(ren) after their demise. It is totally wrong misconception. If a person dies without making a Will, then his/her property distributions takes place as per personal laws applicable to the deceased. Many times the property cannot be easily get sold, mortgage or given on leave and license basis unless the legal heirs produce succession or legal heirship certificate from the competent court of local jurisdiction where property is situated. It is time consuming and costly process, which puts more stress of legal heirs to attend court hearings at regular basis, affecting their job or business income.

Probate of a Will is mandatory only of property which is situated in Mumbai, Madras, Calcutta and is bequeathed through Will. For rest of cities, the Probate is not mandatory. However, most of times, selling property or mutation of legal heirs on property gets problematic for un-registered Will.

Legal Disputes and Court Matters arose because of;

• Unclear and poor drafting of a Will: – It is highly important to draft a Will which provides clear instructions of property distribution and exclusions of legal heirs.
• Non-Appointment of Executor: It creates the problems in actual distribution of assets leading to allegations of frauds and misappropriations amongst legal heirs. Hence, appointing an executor to manage and distribute the estate directives stated in the Will help to reduce potential conflicts.
• Guardianship of Minor / Special Children / handicapped Relatives: In some families, the Parents have died due to accidents, while in some parents are worried about taking care of their special child(ren) or handicapped relative who are totally dependent on them. Such issue can be resolved by executing and registration of Will, which ensure proper care and management of minor / special child(ren).

Recommendations:

• Consult Legal Experts: Given the complexities involved, it is advisable to consult with legal professionals experienced in estate planning to draft a Will that accurately reflects one’s intentions and complies with legal requirements.
• Regular Updates: Review and make a new Will periodically, especially after significant life events such as marriage, childbirth, or sale / acquisition of new properties.

By thoughtfully preparing a Will, individuals can ensure that their assets are distributed according to their wishes, providing peace of mind for themselves and their loved ones.