Why Write a Will at all?

Consumer Voice - - Bfsi Guide | Where There Is A Will -

If one dies with­out mak­ing a will (‘in­tes­tate’ in le­gal par­lance), his wealth is in­her­ited by the heirs ac­cord­ing to the in­her­i­tance laws. The law of suc­ces­sion ap­plies based on the re­li­gion of the de­ceased. Since laws of mar­riage and suc­ces­sion are the most in­tri­cate among the re­li­gious laws, in­her­i­tance is­sues in In­dia are com­pli­cated. In case of more than one heir, dis­tri­bu­tion of as­sets can lead to fam­ily dis­putes.

A common mis­con­cep­tion is that all the es­tate is au­to­mat­i­cally passed on to the spouse. It could be worse be­cause chil­dren and some­times even rel­a­tives can stake a claim to the prop­erty. Laws of in­her­i­tance and suc­ces­sion are dif­fer­ent in case of Hin­dus and Mus­lims.

Another point one should con­sider is the in­con­ve­nience caused to fam­ily mem­bers be­cause of the lazi­ness, in not mak­ing a will for them. In case of a dis­pute, the fam­ily mem­bers have to pro­duce the proof about their re­la­tion­ship and also have to go hel­ter-skel­ter to lawyers and spent money and en­ergy.

Who Can Make a Will?

Ev­ery per­son who is of sound mind can make a will. Per­sons who are deaf or dumb or blind can also make a will pro­vided they are able to know/ un­der­stand the con­se­quences of their ac­tions. A per­son who is or­di­nar­ily in­sane may make a will dur­ing the in­ter­val(s) in which he/she is of sound mind. Noth­ing pre­vents a pris­oner from draw­ing a will.

Who Can­not

No per­son can make a will while he is in a state of mind – whether aris­ing from in­tox­i­ca­tion (drunken state) or from ill­ness or from any other cause(s) – where he does not know what he is do­ing. be signed by some other per­son in his pres­ence and by his di­rec­tion. shall ap­pear that it was in­tended thereby to give ef­fect to the writ­ing as a will.

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