Preparing a Will during troubled times isn’t difficult
Whether handwritten or generated online, make sure you sign it with two witnesses YOUR
Manjula Shah ( name changed on request), 75, wants to draft a Will and leave everything to her grandchild (18) and nothing with her son and daughter-in-law since they are going through a divorce. Says Shah: “I had planned to do after their divorce, but with senior citizens under threat due to Covid-19, I am planning to make it soon.”
Advocate Vijay Pal Dalmia, practising at the Supreme Court and Delhi High Court handling Makemywill.in, says: “Over the past two weeks, we have seen surge in people seeking advice and drafting of Wills, especially from high net worth individuals. ‘Will’ has suddenly become an urgent matter.” With people locked indoors, and courts shut, what can those like Shah do? Another senior citizen living in South Mumbai is taking help from her son’s lawyer. “Ours is a fairly straightforward succession,” she says. Shah, however, doesn’t have a family lawyer and wants to avoid involving her son. For someone like her, Jatin Popat, founder of Willjini, says, “Seniors, who are not comfortable with technology, can approach a lawyer for consultation. A simple Will can be made using an online software in 30 minutes.”
There are a number of platforms like Makemywill.in, Ezeewill, Lawfarm, and Willjini. The charges start from ~1,000. Online platforms offer Will-making consultations, Will-drafting services, some providing doit-yourself Will-writing software. Irrespective of whichever option you choose, the result is getting either a Word document or a PDF draft of the Will in one’s inbox.
The most important thing is the signature. Advocate Prashant Mali, cyberlawyer at Bombay High Court, says: “All Wills require a signature or thumb impression of the maker, and two witnesses. According to the Information Technology Act, 2000, you can’t affix a digital signature to an online Will.” You can also make a Will at home. Siddharth Jain (co-founding partner) PSL Advocates and Solicitors, says: “In terms of Section 59 of the Indian Succession Act, 1925, any person of sound mind and over the age of 18 can make a Will. All you must do is keep in mind the legal nuances involved.”
A valid one can be printed or handwritten. “There are various formats online, and you can download a suitable one, make changes if needed. Take a printout and get it signed with a minimum of two witnesses, preferably three — ideally a lawyer/chartered accountant. But that’s not possible now. So, from your neighbours or building society members. You will also need to appoint an executor,” adds Mali. Having a Will, under any circumstance, is better than not having one. You can always change and register it later. Jain says: “In these trying times, to secure the last wishes of the testator and the execution of the Will, it’s best to video record it, along with attesting a medical certificate clarifying the mental capacity of the testator, avoiding all hindrances in its peaceful execution.”