How should my mother write her will ?
Due to my mother's ill health she is thinking to make her property will. She want it to transfer all to her children only. Because of my father's bad and unsupported behavior, she don't want to give any share or power of control to him.
How should she write her will to make it legally strong and indisputable ?
Following is her rough outlook " After my death, all my property will be transferred and used equally to my 3 children Mr X, Mr Y and Miss Z only. "
Should she further write "No body else will have any share or authority in my property. " Or just naming the nominee's is alone strong enough. So that later my father don't make it disputable.
Asked in Property Law from Lucknow, Uttar Pradesh
1) your mother should get will drafted by local lawyer
2) reasons should be mentioned fir disinheriting your father
3) it should be attested by 2 witnesses and registeted
Thank you for replying sir. So you mean that if she don't give reasons for disinheriting my father and just write the name of us( her children) for users of her will, can my father get ground to have share in her property later ?
Asked 12 months ago
Hi, For writing a "WILL" there is no hard and fast rule only conditions in that the testator has sound and disposing state of mind and "WILL" must be attested by two witness.
2. It is my kind advise to you better contact local advocate and draft the "WILL" and register the same in the Sub-Register office.
Your mother is not a trained legal mind, so she should not venture to write it on her own. Tell her to get a flawless will drafted by a lawyer so that it can serve the intended purpose.
If the will is not properly drafted then inheritance can be challenged in the court by her husband post her lifetime.
1) your father can move court and challenge will executed by your mother
2) better to mention reasons for dis inheriting father
If the property is your mother's self acquired property and she is absolute owner of the property then she may execute a Will in favour of you and other children, if she wish to disclosed her intention regarding your father then she can mention in the will.
Will should be registered it will be better for future.
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Advocate, New Delhi
A Will is a legal declaration of the intention of the testator; with respect to his property which he / she desires to be carried into effect after his death.” Every person of sound mind and not a minor can execute a will. Any movable or immovable property can be disposed of by a will by its owner. The registration of a Will is not compulsory even though at the point of law the registered will is better than un registered will. 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.
• A Will must be proved duly and validly executed
• A Will is registered with registrar/sub-registrar with a nominal registration fee.
• The testator must be personally present at the registrar’s office along with witnesses.
• The endorsement of the registrar is sufficient to prove the execution of the Will
• Will need not be made on stamp paper and there is no formal prescribed form of a Will.
• A Will can be registered by the testator during his life-time or by the executor or legatee after
the testator’s death.
The essence of every Will is that it is revocable during the lifetime of the testator. People capable of making Wills are, every person who is
1. not a minor
2. of sound mind
3. free from fraud, coercion or undue influence
Features of a Valid ‘Will’: in contain
1. the testator's name and address
2. Intention of the testator must be write in specific language (The intention of the executor has to be found out by reading the entire recitals in the document and the phraseology used therein.)
3. He should be sound mind person memory and understanding
4. The document must be signed at the end by the testator.
5. The signature must be written or acknowledged in the presence of two witnesses; both present at the same time and the witnesses must sign in the presence of the testator, but not necessarily in each other's presence.
6. Write pacifically place where the testator made the will
7. A revocation clause
8. list of legacies (gifts of money or goods),
9. list of devises (gifts of real property)
Signature of the testator on the will
The testator shall sign or shall affix his mark to the will or it shall be signed by some other person in his presence and by his direction. The will should be dated.
‘The will shall be attested by two or more witnesses. The attestation by the witnesses should be by the signatures of the witnesses and not by their mark and the attestation should be done after the testator has executed the will and not before. The attesting witnesses need not know the contents of the will and the testator need not disclose the nature or contents of the document.
Legal Declaration: The documents purporting to be a Will or a testament must be legal, i.e. in conformity with the law and must be executed by a person legally competent to make it.
Disposition of Property: The declaration should relate to disposition of the property of the person making the Will.
Death of the Testator: The declaration as regards the disposal of the property must be intended to take effect after his death.