You can appoint any friend or neighbour as executor of you will
2) will should be attested by 2 witnesses
3) registration of will is optional
Will and Succession Mechanism for an Orphan with no dependents
I have two immovable properties in Bangalore - one inherited from my late mother and another acquired on my own from my funds and loan. Apart from the immovable properties I have significant amounts in stocks, mutual funds and provident funds. My parents have passed away and I have a step mother. I have not been treated well since childhood by my step mother after my mothers death. Hence I do not want to bequeath any of my assets to her apart from living rights in one house( LIVING rights only and not sell). The rest of the assets I would want to bequeath to charity as I do not have anyone else. I have contacted multiple lawyers and they have told me that I need an executor and write a will to acheive the above. I am 33 years of age and not married with no siblings. I do not have any person who can be executor for my will. What options do I have to ensure my hard earned money goes to charity and not to my legal heirs(my step mother in this case)?
Asked 2 years ago in Property Law
Religion: Hindu
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7 Answers
You can appoint a beneficiary, friend or a relative as an executor or entrust the responsibility to a professional lawyer, chartered accountant or financial advisor to execute the Will. “You can appoint one or more executors in your Will, but clarify who will have the ultimate decision power,
You can also appoint substitute executors as well, in case appointed executor is unable or unwilling to act after the demise of the testator.
“Although not mandatory, but to be done where possible, preference in choosing an executor should be for a trustworthy professional organisation (with good financial and/or legal background) that is able to dedicate a significant amount of time.
The executor's key responsibility is to gather details of all the assets which are mentioned in the estate, protect these assets and distribute them to beneficiaries as per the instructions in the Will. “The executors’ role is to first gather all these details in the physical or in the electronic form. Then, they should reach out to all the beneficiaries mentioned in the Will and any other potential heirs for distribution of the investments,
1. There's no compulsion to have an executor for you to execute the WILL for giving it as charity.
2. If you can identify the beneficiaries before executing a WILL for receiving the charities, then it can be done by executing a WILL for your properties, without appointing an executor.
You can execute a will to that effect
- You can write a Will after mentioning that your step mother will have her right to stay only in the property , and the rest property would be transferred to a trust which you have decided.
- However, there should be an executor of the said Will , and it may be any friend or relative.
Dear Client,
To guarantee that the distribution of your assets follows your wishes:
Assigning a dependable friend, a qualified executor, or a financial institution to oversee the execution of your will is a prudent decision.
With the assistance of an estate planning attorney, draft a thorough and legally sound will.
Make sure your stepmother has living rights in one of your properties, and that it cannot be sold. For the remaining assets, make charity bequests.
Review and amend your will on a regular basis, particularly if your relationships or financial circumstances change.
You are just 33, why don`t get married and enjoy your legacy and life. Thinking of bequeathing at this age is a very dumb idea. Let your future family inherit your legacy instead of charity. Otherwise also, charitable trusts are created for tax evasion and charity.
How can you be sure that if u appoint any executor, he will honor the WILL not cheat you after demise.
