• Will

Hello,
I am US resident and I am currently visiting India for 10 days.  I have discussed will matter with my parents and sibling and we have come to an agreement.  I was wondering how long does it take to write a will and if it can be done in a week?

My questions specifically are:
1.  How long does it take to write a will from the time lawyer is hired?    Is there any way to expedite writing will so it can be done in matter of days?
2.  What is the procedure involved?  Once the will document is drafted what needs to be done so it becomes a legally valid document?
3.  How can I find and employ a good lawyer who can write will fast?  I am traveling between Bangalore and Hyderabad.
4.  What is the total cost involved in writing a will?

Kindly advise,
Venkata
Asked 1 month ago in Property Law from United States
Religion: Hindu
1) it can be done within period of 2 days of receipt of instructions 

2) will has to be signed by the testator in presence of 2 witnesses 

3) you can engage any lawyer from this website for drafting your will  


4) legal fees vary depending upon lawyer engaged by you 
Ajay Sethi
Advocate, Mumbai
23328 Answers
1220 Consultations
5.0 on 5.0
1. It takes only a few hours for a lawyer to draft a will and then you can register it the next day.

2. The registration of a will is not mandatory but it should always be registered in the office of sub-registrar.

3. You are free to engage any lawyer from this portal.

4. The cost will be the fee of your lawyer which he alone can tell. Registration cost will be nominal. 
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
Dear Concerned,

1-2. If the list of assets and terms or the wish that need to be mentioned in the Will is ready will can be made within 3 days - from Drafting to Registration . You need to give information about the assets, siblings, and the way things need to be partitioned as per the wish of the testator to the lawyer and once this will is ready you need to go to the concerned Registrar and get this will Registered . once registered it becomes legally valid document. 

3. You need to take your own decisions to hire a lawyer - hire someone who can be just given the work and he completes it in one shot as per your requirement.

4. This depends on lawyer to lawyer and also on the details you would like to mention in the will - if the list is too cumbersome the cost goes up. 

Best of Luck
Atulay Nehra
Advocate, Noida
441 Answers
15 Consultations
4.7 on 5.0
1. Will can be drafted in couple of days and can be registered within next 3-4 days.
2. Yes a Will once drafted is to be signed and then attested by 2 witnesses. Then it becomes valid. Registration of Will is optional.
3. Lawyer is your choice. I personally draft Will regularly . So if you wish you can take my help.
4. Cost varies. I charge Rs.15,000/- for writing such Will.
Devajyoti Barman
Advocate, Kolkata
5239 Answers
54 Consultations
4.9 on 5.0
A Will is a document which ensures that your wishes with respect to your assets and property are followed after the testators death.The time is not a matter.There is no prescribed form of a Will. In order for it to be effective, it needs to be properly signed and attested. The Will must be initialed by the testator at the end of every page and next to any correction and alteration. Most of the lawyers have model draft in their hand ,So only modification is enough . A Will must be attested by two witnesses who must witness the testator executing the Will. The witnesses should sign in the presence of each other and in the presence of the testator.The registration of a document provides evidence that the proper parties had appeared before the registering officers and the latter had attested the same after ascertaining their identity. 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.

Procedure for Registration: 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.

Revocation and Amendment: A Will can be revoked, changed or altered by the testator at any time when he is competent to dispose of his property. A person can revoke, change or alter his Will by executing a new Will, revoking the earlier Will, registering the new Will (if the old Will is registered), destroying the old Will or by making a codicil. 
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0
Hello,
1) The Will can be prepared in just a few days provided you provide the lawyer with all the details required instantly. Therefore it is important to meet the lawyer first and be ready with all documents pertaining to your assets both movable and immovable.

2) Once the Will of drafted it has to be signed by the testator in the presence of two witnesses.
Registration of the Will on the office of the sub Registrar is highly recommended. The lawyer that you engage to draft the Will can also assist you with the registration process. The testator and the witnesses have to be present at the office of the registrar. The beneficiaries of the Will can't be witnesses.

3) On Kaanoon web site you can look for lawyers either in Bangalore or Hyderabad and engage one after consultation over the phone.

4) The cost will be subjective and so different from lawyer to lawyer.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
Hi, Normally for drafting a will it will not take much time if you provide  all the information it will be drafted one or two days and will must be attested by two witness and it is very important.

2. After that it has to be registered before the Sub-Registrar. Though registration is not compulsory.

3. If you provide all the information and it can be completed with in two to three days.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
Dear Venkata
My opinion on your queries are as under:

1.  How long does it take to write a will from the time lawyer is hired?    Is there any way to expedite writing will so it can be done in matter of days?
Opinion: 1 hour if all the details of the parties are available.

2.  What is the procedure involved?  Once the will document is drafted what needs to be done so it becomes a legally valid document?
Opinion: yes, The Will is valid documents, registered or unregistered.
if you want to registered the Will then it will be better and the process for registration take 1 day time only. you may take a notarized will also but in future there is a chance to raise objection by any interested party regarding the Will's Validity.

3.  How can I find and employ a good lawyer who can write will fast?  I am traveling between Bangalore and Hyderabad.
Opinion: You can contact over the phone and I can draft a Will for you within 1 Hour.

4.  What is the total cost involved in writing a will?
Opinion: My fee will be Rs. 5500/-

Feel Free to Call
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
1. Maximum 2 days.
2. A WILL becomes legal document when the Testator signs it and 2 persons witness and affix their signatures.
3. I am ready to offer my services in Bangalore.
4. The cost would be Rs.3000/-.
Shashidhar S. Sastry
Advocate, Bangalore
1242 Answers
59 Consultations
5.0 on 5.0
1. A Will can be executed with in an hour by the executor himself without consulting a Lawyer. What he requires is two witnesses to append their signatures on the Will. A lawyer also will take that much time.

2. You can draft a Will by clearly mentioning the schedule of the properties for which you are executing the said will. The sample draft is available in the Internet. Though Will is not required to be registered, it will be prudent on your part to get the said will executed by you registered to avoid any legal claim that your signature was taken under coercion.

3. You can google search and fix your lawyer.

4. Very nominal. May be Rs.10 K maximum for drafting a Will.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
1. Any person can be a witness who know the person who execute the Will.

2. Separate will should be executed.

3. For all properties, single will is sufficient.

Feel free to call
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
1) witness can be person not listed as beneficiary . you can have your friend , relative as witness 

2) separate will by mother and father in respect of properties standing in their name would be required . mere listing of properties is not sufiicient . it should mention to whom properties are being bequeathed 

3)registration of will is optional 

4) get it drafted by local lawyer 
Ajay Sethi
Advocate, Mumbai
23328 Answers
1220 Consultations
5.0 on 5.0
Dear Concerned. 

1. Yes  it has to be any person other than a beneficiary.

2. As the properties are jointly owned but technically there are owners of half the share ...the will has to be independent documents....the testator will nominate a beneficiary for  his or her share only.

3. A Testator can nominate beneficiary for all his/her assets through one single document i.e one will . For eg your mother independently own property A,B and C and Jointly own property E and F with your father , In the will she will appoint beneficiary for A,B,C and appoint beneficiary for HER SHARE in property E and F 

Best of Luck
Atulay Nehra
Advocate, Noida
441 Answers
15 Consultations
4.7 on 5.0
1. Any body who is of sound mind and not a beneficiary and he may be a relative, friend and above 18 years and preferably a person who is not very old can be a witness.
2. If your parents jointly own the properties and recorded in the Sale Deed as joint owners, then each of them can execute a WILL separately in respect of their respective shares or can execute a WILL jointly in respect of joint ownership of the property.
3. If there were to be separate properties owned by either your mother or father, then it has to be listed separately by each person in a separate WILL. Whichever properties Father owns has to be in one WILL and the properties owned by Mother has to be executed in another WILL.
Shashidhar S. Sastry
Advocate, Bangalore
1242 Answers
59 Consultations
5.0 on 5.0
1. Anybody can be attesting witness, even a stranger can be the attesting witness.

2. Your parents can execute a joint will for their properties held jointly or individually by them, but a separate will is always desirable regardless of whether the properties are joint or individual. 
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
1. Any non-beneficiary can be the witness. It is suggested that a medical practitioner be kept as a witness so that, later on  if need be, he can certify that the executor of the will was in perfect mental state being eligible to execute the said will.

2. & 3. Both mother and father should execute two separate wills duly specifying their properties willed to avoid any legal hassle later on.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
1.  How long does it take to write a will from the time lawyer is hired?    Is there any way to expedite writing will so it can be done in matter of days?

If all the details of the scheduled properties to be bequeathed through Will shall be furnished to the lawyer who would write a will on behalf the testator, then the preparation of Will in the normal circumstances may not take more two hours. 





2.  What is the procedure involved?  Once the will document is drafted what needs to be done so it becomes a legally valid document?

A Will has to be witnessed by two witnesses especially witnessing the testator putting his signature. 






3.  How can I find and employ a good lawyer who can write will fast?  I am traveling between Bangalore and Hyderabad.

You can prepare a Will by a lawyer at Bangalore too but he cannot witness the testator's signature sitting at Bangalore






 4.  What is the total cost involved in writing a will?

The cost is the advocate fee alone hence it depends on the advocate you would engage


T Kalaiselvan
Advocate, Vellore
14138 Answers
127 Consultations
5.0 on 5.0
1.  Is there any requirement as to who can be the witness?  Can it be any person who is not listed as beneficiary?
A relative, friend or family (not listed as beneficiary)?

Anyone can witness the will and the bequest made in it it is not necessary that the witness be from among his friends or relatives.




2.  For properties owned by both my mother and father, would it be one will listing all those properties and signed by both?   Or would it be separate wills listing all those properties signed by them individually?

It would always be better to get two will executed for the properties belonging to two different parties. 



3.  For properties just owned by my mother OR father, would there be separate wills?  A will listing just properties owned by my mother and signed by her and likewise for my father? 

You engage the services of an expert lawyer.

T Kalaiselvan
Advocate, Vellore
14138 Answers
127 Consultations
5.0 on 5.0

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