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Execution of a Will and the associated concepts of Probate, Succession explained in brief for the understanding of a layman with important tips. If you are planning the execution of a will, great help with clarity on the issue through this article is assured.
Under Indian laws, the Execution of a Will is an important and crucial act. Through a will, any person can determine and mandate the distribution or management of all his assets and properties after his death in the manner prescribed by him through the will.
In other words, a will is a legal document through which one can determine and make provisions for the distribution and management of his properties after his death. The Indian laws do not prescribe any particular process for drafting and the Execution of a Will hence it is done in accordance with the common law of prudence. The process of execution of a will should look natural and logical to give credence to it.
Will is also a very important testamentary document that mandates the distribution of the estate of the deceased as recorded or directed in the will. Under Indian laws, a will is duly granted a valid legal status if the basic procedure has been followed in it.
TESTATOR: The person who executes or writes the will is called the testator.
ESTATE: The entire property including the movable as well as immovable properties of the person who has died is called estate.
EXECUTOR: The person who is appointed or authorized to execute the will is called the executor.
BENEFICIARY: The person or group of persons in whose favour the will has been executed are called the beneficiary.
CODICIL: The document through which additional provisions can be made in the will without changing the will is called Codicil.
SUCCESSION CERTIFICATE: It is the document which is issued by the court validating the will and annexing the same for execution.
PROBATE : It is the process through which the will is executed by the court.
ANCILLIARY PROBATE: When the testator has included the immovable properties situated at various countries, ancillary probate is required after the main probate for the respective property.
LETTER OF ADMINISTRATION: It is the order issued by the court naming the beneficiaries and details of the properties of the deceased, when there is no will left by the deceased person.
Pro Bono Supreme Court Lawyer India
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The will should be written or neatly typed with a clear description of all beneficiaries and properties to be distributed between them.
No, registration of a will is not mandatory under Indian laws, but it is always better to do do.
At least two witnesses required in a will.
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