The Importance of Writing a Will

Writing a will is considered to be a huge hassle, as a result of which many people prefer to die intestate. However, it is of immense importance. A will or testament is a legal declaration that allows the testator to name the people who will inherit their estate after death. The testator can specify their intentions, clarify all confusion regarding the distribution of property, and ensure their wishes are honored.

A will, once made, can be revoked by the testator only during their lifetime. It cannot be changed or disregarded after death, making it the best way to dispose of one’s property. However, one must note: a will can only be made for self-acquired property and not for ancestral property. Even future properties (those acquired after the execution of the will) can be bequeathed.

As per Section 118 of the Indian Succession Act, the testator cannot bequeath their entire estate to charity while leaving the family in poverty—unless strong and defensible reasons are provided for such disinheritance.

A person is considered to have died intestate if they pass away without executing a valid will. In such cases, the distribution of their estate is governed by personal laws of succession and inheritance. The absence of a will places the decision of who inherits property into the hands of the applicable legal framework.

Testamentary succession, on the other hand, refers to inheritance based on the provisions of a valid will. It allows the testator to outline their wishes and instructions for the distribution of their estate clearly and legally.

A codicil is a legal document that acts as an amendment or supplement to a will. It enables the testator to modify or revoke specific provisions of the original will without rewriting the entire document.

Although a will does not need to be registered and can be drawn on plain paper, it is advisable to register it. Registration adds legal credibility and helps prevent allegations of coercion. It can be done during the testator’s lifetime or by the executor/legatee after death at the office of the Registrar where the testator resides.

If the first will is registered but subsequent wills or codicils are not, it can lead to confusion or legal disputes. It is recommended that any updated will or codicil also be registered, especially when the original was.

A will is enforced by an executor, who acts as the custodian of the rights of the beneficiaries. Under the Indian Succession Act, rights under a will must be enforced through Probate—a legal certification of the will by a competent court. Sub-registrars and banks may demand a Probated Will for property transfers or account access.

A will remains valid for an unlimited period after the death of the testator. The beneficiary named in the will retains the right to have it executed at any time.

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