Chandrawat Law Firm

Will Services

Will services

We have a specialized team of experts dealing with matters pertaining to domestic arbitration. We assist our clients in proceedings before arbitral tribunals, the courts and raising or challenging claims and enforcement of arbitral awards. We analyze the clients’ requirements and accordingly suggest them the recourse which best serves their interest, from initial drafting of arbitral agreement to enforcement of arbitral awards. We not only provide our expertise and services during the arbitral proceedings but also assist clients in pre and post award proceedings.

A Will is a legal declaration of the intention of the testator, with respect to his property, which he desires to be carried into effect after his death.

After the death of a person, his property devolves in two ways – according to his Will i.e. testamentary, or according to the respective laws of succession, when no Will is made. In case an individual dies intestate (no Will is made), the laws of succession come into play. A well drafted will prevents at the very outset, any dispute, arising after death of a person in relation to disposal of his property.

By means of a Will, one can ensure:

  • a testamentary guardian for his infant children;
  • provision for a faithful servant, a nurse, a friend in need of money and so on;
  • fulfilling his spiritual desires like creating a trust, donating to good causes or social service.

Essential of a will

  • It must be signed and attested, as required by law;.
  • There must be some property which is being given to others after the death of the testator;
  • A Will becomes enforceable only after the death of the testator;
  • A testator can change his Will, at any time, in any manner he deems fit;
  • Every person of sound mind, and not a minor, can make a Will;
  • A Will, obtained by force, coercion or undue influence, is void;
  • A Will can be made at any time in the life of a person, only the last Will made before his death is enforceable;
  • A Will has to be executed by the testator, by signing or affixing his thumb impression on it;
  • It should be attested by two or more witnesses, each of whom should have seen the testator signing the Will.

In India, the registration of Wills is not compulsory even if it relates to immoveable property. The non-registration of a Will does not lead to any inference against the genuineness of a Will. In other words, registration therefore does not give any special sanctity to the Will though registration of the Will by the testator himself evidences the genuineness of the Will.

Whether registered or not, a Will must be proved as duly and validly executed, as required by the Indian Succession Act. Once a Will is registered, it is placed in the safe custody of the Registrar and therefore cannot be tampered with, destroyed, mutilated or stolen. If an unregistered Will is lost, the testator’s wish cannot be given effect as it will be difficult to trace the Will.

A Will is to be registered with the registrar/sub-registrar with a nominal registration fee. The testator must be personally present at the registrar’s office along with witnesses.

If a testator intends to make a few changes to the Will, without changing the entire Will, he can do so by making a codicil to the Will. The codicil can be executed in a similar way as the Will.

Probate is a document issued under the seal and signature of a Court officer, certifying that a particular Will was proved, with a copy of the will annexed. The grant of a probate is conclusive evidence of genuineness of the Will, appointment of the executors and the testamentary capacity of the person who made the Will. Once a probate is granted, no suit will lie for a declaration that the testator was of unsound mind.

In the event a person dies intestate or a Will does not name any executor, an application can be filed in the courts of law for grant of Letter of administration.

The executor is the most important person in the Will. An executor has a duty to collect and realize the estate of the deceased, pay his debts and distribute the legacies as mentioned in the Will by the testator. The duty of the executor is to probate the Will in a manner known to law. The court shall grant probate only to an executor who has been named in the Will.

All Wills can be revoked, either impliedly or expressly, either by conduct or by a specific document. By conduct, the Will can be presented to be revoked by the testator.

No stamp duty is required to be paid for executing a Will or a codicil. A Will, therefore, need not be made on stamp paper.

  • The Indian Succession Act, 1925
  • Hindu Personal Laws
  • Muslim Personal Laws
  • The Indian Registration Act, 1908

Our assistance

There often arises problems and complications when a person dies without a Will. We not only write a will but also introduce processes that ensure that the document remains unchallenged in the court of law and a smooth transfer of estate.

It has been experienced that when there is a Will, painful litigation in the family of the testator is prevented. Only in a very few cases, litigation crops up questioning the genuineness of the Will.

Therefore, we assist clients with:

  • Will drafting
  • Will registration
  • Will custodianship
  • Will executorship
  • Will translation
  • Will administration
  • Will review and revision
  • Probate