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Frequently Asked Questions (India) |
| Question: | What is notification service? |
| Answer: | A notification is an electronic way of verifying that you are still alive, instead of relying on other sources such as death certificate or any other document or communication by your relative/nominee (which may be counterfeited). Notification service will directly verify it from you on a frequency chosen by you, we will send you email(on your registered email ID) on set frequency with an encrypted link, all you have to do to verify that “YOU ARE ALIVE” is to Click the Link once which will reset your next notification date (using the same frequency you had chosen). If you do not verify in first email, system will send you three more emails on your chosen frequency (like daily/monthly/yearly). This way you get 4 chances to verify that you are still alive.
If you still do not verify, system will send verification email to your nominee (chosen by you at the time of notification setup) to verify whether you are alive or not. There will be two links in that email, one is to verify that you are still alive and another one if you are no more. If your nominee verify that you are not alive then system will email your will/confidential sheet/ message or any other information left by you (you have option to exclude your will and confidential sheet). This will ensure delivery of your assets to your loved ones after your death. This is a smarter alternative to a paper WILL, we do not claim that it will make paper will obsolete but we are sure if you maintain “Confidential Sheet” smartly, you would not need anything else. |
| Question: | What is the legal definition of a will in India? |
| Answer: | As per Sec 5 of Indian Succession Act, A will is the legal declaration of the intention of the testator, with respect to his property which he desires to be carried into effect after his death. |
| Question: | How to prepare a will? |
| Answer: |
Steps to prepare a will:
1. Create a will using one of the following options:
You can create your will in few easy steps using our will creation wizard.
Will Creation Wizard
OR If you do not wish to use the wizard, you can directly go to will editor page for free form will editor (default content will be provided, you can just fill the information there)
Will Editor
OR If you do decide to do it all yourself, you can create account on Vasiyat.com to download sample will (After registration, login and click "Create Will" link to download sample will)
Register
2. Complete your will and download/print the will.
3. Sign it yourself(on each page) and have two witnesses sign it(only on last page).
4. (Optional) Will registration - Registration of a will is not compulsory in India. However, registration implies that the person writing the will and the witnesses have appeared before the registering officers who have verified their identity and attested the same. The will should be registered in the office of the sub-registrar of the district in which the testator resides. After registration, the will must be kept in the sub-registrar's office. It can be modified only through notification through codicils which also have to be registered.
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| Question: | Who can make a will? |
| Answer: | As per S. 59 of Indian Succession Act:
A person of sound mind, as long as he is not a minor, can make a will.
If a person is of unsound mind at the time of making a will, such a will is not enforceable.
A will, obtained by force, coercion or undue influence is a void will, as it takes away the free agency of the person.
A will made under influence of intoxication or in such a state of body or mind, will be void. Thus any person who is of sound mind and is aware, and has clearly stated to avoid confusion in the division of property and assets after his or her death, can make a will. |
| Question: | Is there a technical language to be used in making will? |
| Answer: | As per S. 74 of Indian Succession Act, a Will need not contain any technical word. Plain simple language is enough but it must be clear and unambiguous. |
| Question: | What are the types of a will? |
| Answer: | Privileged - Made by special class of persons such as soldiers at war. It need not be attested.
Unprivileged - Made by ordinary persons. Must be signed and attested by two persons. |
| Question: | Can a person make multiple wills? |
| Answer: | A person can make a Will anytime and any number of times. The most recent Will is the one that takes effect. Explicitly canceling the previous Will is not required. Registration of a Will is not necessary but is recommended. |
| Question: | What are the advantages of Registering a Will? |
| Answer: | A registered Will is put in the safe custody of the Registrar. Therefore it is relatively safe, cannot be tampered with, mutilated, destroyed or stolen. Further, registration of the Will by the Testator can be an evidence of the genuineness of the Will. |
| Question: | What is a deposit of a Will? |
| Answer: | A deposit of a Will is not the same as registration. A deposit of Will is when the original Will is put in a sealed envelope and deposited with the Registrar who gives a receipt. Any person having the original receipt may collect the original Will. However, generally at the time of collection, the sealed envelope is opened by the Registrar who keeps a copy of the Will. In general, deposit of a Will is not commonly done and people prefer to register a Will rather than deposit. |
| Question: | If a Codicil or a new Will is prepared after an earlier Will is registered, does the Codicil or new Will override the earlier Will? |
| Answer: | Yes, the later Codicil will amend the earlier Will. The later Will will override the earlier Will if it revokes the earlier Will. |
| Question: | Can a WILL be automatically revoked? If yes then when? |
| Answer: | Will revocation laws differ from religion to religion.
If you are Hindu, Buddhist, Jain or Sikh – Your will is not automatically revoked upon the marriage.
If you are Christian or Parsi – Your will stands revoked upon marriage. |
| Question: | Can an executor be a Witness? |
| Answer: | If you are Hindu, Buddhist, Jain or Sikh – An Executor can also be a Witness.
If you are Christian or Parsi – An Executor cannot be a Witness. |
| Question: | What are the laws for Muslims to create a WILL in India? |
| Answer: | Muslim testator can only bequeath only 1/3 of his property by WILL, rest 2/3 will be distributed according to Islamic Law.
A Will may become void if after making the Will if testator becomes of unsound of mind and continues to be so till his death. |
| Question: | What is a Guardian? |
| Answer: | A Guardian is a person who is appointed or legally responsible for taking care of persons who are unable to take care of themselves due to age (ie minors, normally until they become major) or unsound mind etc. Guardian must not be a minor or a person of unsound mind. You may appoint a Trustee who is different from a Guardian of your children, if you believe that the Guardian may not have the skills to manage your assets.
A Guardian for Property is responsible for managing the assets and applying them for the benefit of persons (who could be minors or incapacitated) or causes listed in the Will. |
| Question: | What is a Trustee? |
| Answer: | A trustee is an individual or a member of a board that is given powers to manage a property in trust with a legal obligation to manage or administer it solely for the purpose specified. |
| Question: | What is a Probate and when is it required? |
| Answer: | A Probate is a document that certifies that the copy of the Will/Codicils that is attached to it, has been attested in the relevant court. A Probate is issued under a seal of the Court. A Probate can be granted by the Court ONLY TO THE EXECUTOR.
A PROBATE is necessary when the testator of a will is European, East Indian, Armenian, Jew, Christian or Parsi. It is also necessary in case of Wills or Codicils of Hindus, Buddhists, Sikhs or Jains in Chennai, Kolkata and Mumbai or where they relate to immovable property in these places. It is also necessary where a debt due to the estate of a Hindu is to be recovered. |