Lets clear some doubts
Before Making A Will
Will is a written declaration by a person about his/her wishes for distributing his/her properties /assets, wealth to family, relatives, outsiders, charities etc. after his/her death.
One should always plan for things that are certain. It may appear hard, but death is one of the certain things in the world.
If you are an adult (18 years and above) and have acquired any asset - bank account, fixed deposits, provident fund, shares, valuable items like mobiles, jewellery, car, property etc., you should make your Will.
The sooner you make it, the better it is.
1. With a Will - YOU get to decide who gets your assets / properties rather than the succession laws. Succession laws have fixed proportions to be distributed to family members which may not be as per your wishes.
2. Huge number of cases are pending before courts on inheritance disputes. Your making of a will today saves your loved ones from the pain, time and cost of disputes / legal proceedings.
3. Your wishes made in the Will are effective and binding to all - family, laws, courts, etc.
Do not wait. Make a “Will” now. It brings peace of mind and protects the interests of your loved ones.
Yes, you should still make a Will.
The nominee is required to hand over the assets/ properties to the legal heir. Nominee is merely a trustee for a temporary period till a legal heir is established either through a Will or as per Succession Act.
The beneficiary of a Will is a legal heir who is entitled to receive the properties/assets.
If you wish, both nominee and legal heir can be same.
Making of a “Will” saves your loved ones from the pain, time and cost of disputes/ legal/ court proceedings. Go ahead, make a Will and protect the interests of your loved ones.
Legal heir is a person who gets the properties / assets of the deceased person.
1. In case of “Will” being there: The beneficiaries of the Will are the legal heirs.
2. In case of ‘No-Will’ situation: The properties/ assets are distributed as per the applicable succession laws. Succession Certificate is to be obtained from the Court as applicable.
Making of a “Will” saves your loved ones from the pain, time and cost of disputes / legal/ court proceedings. Go ahead, make a Will and protect the interests of your loved ones.
You will find QuikDox to be a very affordable Will making tool. We do keep running promotions also from time to time.
Go ahead, make a Will and protect the interests of your loved ones.
No.
You do not have to submit any document. The “Will” is prepared based on the information you fill online.
Go ahead, make a Will and protect the interests of your loved ones.
Yes, absolutely !
The online self-help Will tool has been prepared with help of lawyers and customer service, process, technology automation experts.
The moment the document is printed, signed by you and the witnesses as per the instructions given, it becomes a legally valid document.
Making a Will
Will making is quick and easy at QuikDox.
1. Fill Online: Please fill information about you and your wishes in our easy online Will making tool. No documents required. No emails. No calls. 100% Online - benefits of document automation.
2. Download and Print: Based on your information, a document in legal language is generated immediately! It is also sent to your email address. Just download and print it.
3. Sign and Keep it safe: As soon as the document is signed as per instructions given, it becomes a valid Will. Do keep it in a safe, accessible place.
All three : You (whose Will is being signed) and the two witnesses : should be present together to sign the Will.
The Will should be signed at the designated places by you and your two witnesses in the following order:
1. You sign the Will
2. The two witnesses will then sign the Will .
Please note that all three should be present together while signing the Will.
Just keep the signed Will in a safe, secure place. It is a valid legal document. If you have chosen an executor for the Will, do ensure that the executor is aware where it is kept.
‘Beneficiary’ is the person to whom your properties / assets are to be distributed or “bequeathed” under the Will, i.e., a person who gets the benefit under the will.
A beneficiary under your will can be your family members, relatives, friends, servants, charitable institutes etc.
Any adult (age 18 and above), who is of sound mind, and is NOT named in the Will (beneficiary) can be a witness.
Beneficiary of the Will CANNOT be a witness. Depending on your comfort, you may want your doctor / CA to be a witness.
You will need two witnesses.
Executor is a person appointed by you to take action on your wishes as per your Will.
An Executor can be any trusted person like family member, family friend, lawyer, doctor or CA who can assist the family to act as per your wishes in the Will. Beneficiaries of the Will can also be Executor.
Though it is not mandatory to appoint an Executor, however it is recommended to appoint an Executor in Will document for smooth and faster distribution of assets.
Testator is a person who dies leaving a Will with respect to his/her property/ assets.
The simple flow of questions at QuikDox.com will guide you and capture your wishes for your assets / properties.
You should mention your self - acquired single/joint properties, wealth, assets, receivables as well as all loans in the Will, including movable, immovable, intangible properties and assets.
Movable properties will include cash, jewellery, FD’S, bank accounts, insurance policies, vehicles, furniture, fixtures etc. Immovable properties will include all your land, building, flat, shop, office, plot, garage etc.
The following are self-acquired property:
- Any movable or immovable property that you have purchased
- Any movable or immovable property that you have got through a gift deed
- Any movable or immovable property that you have got through Will of some other person.
It includes those properties which your forefathers have already divided and given to you. It does not include undivided ancestral property.
Movable properties will include cash, jewellery, FD’S, bank accounts, insurance policies, vehicles, furniture, fixtures etc. Immovable properties will include all your land, building, flat, shop, office, plot, garage etc.
Ancestral property is property being passed on undivided. It is inherited by birth.
To make a Will of the ancestral property, consent of all co parceners is required. The online self-help Will tool is not designed to make Will of ancestral properties. The ancestral properties need to be excluded from the information you are providing.
The Online self-help Will tool has been prepared with help of lawyers, customer service, process, automation and technology experts and is suitable for most of the Indian nationals.
However, if you have a very large and complicated assets ownership structure, undivided ancestral properties then you should take legal advice. Our associates - qualified lawyers - in your city can help you with the same.
QuikDox is a DPIIT recognized startup (under Startup India program). We are neither an investment banking firm nor law firm nor accountancy firm. We do not provide any legal, tax or accounting advice. We are focused on making life simpler and easier by providing self-help tools with inputs from subject matter, customer service, process and automation experts.
After Making a Will
No. Notarisation or Registration of Will is not compulsory in India. Stamp duty is not payable on Will.
Once you print and sign the Will with two witnesses as per the instructions given, it becomes a legally valid Will.
Even a subsequent unregistered Will can revoke the earlier registered Will.
In case, you want to register your Will, our associates in your city can help you with the same.
Yes, you can easily do it.
We understand that changes will happen in life and we are happy to help you keep your Will up to date. You can always make changes and generate a new Will at QuikDox as per your wishes.
Take a print of the new Will and sign it with two witnesses as per instructions given. Do destroy the earlier signed Will.
Yes, you can easily do it.
We understand that changes will happen in life and we are happy to help you keep your Will up to date. Just generate a new Will at QuikDox.com.
Take a print of the new Will and sign it with two witnesses as per instructions given. Do destroy the earlier signed Will.
Do not worry. We have taken care of this.
You can allocate the assets/ properties that you forgot to mention in the Will and/ or what you may acquire in future.
Just specify the same at the appropriate place (residual, future assets) while filling the online Will making tool.
Will making legal language:Testator, Executor for Will, Witness for Will and more...
Before Making A Will
Will is defined under Section 2(h) of the Indian Succession Act, 1925 as the legal declaration of the intention of a testator with respect to his property which he desires to be carried into effect after his death. Will is a written declaration by a person about his/her wishes for all matters such as distributing his/her properties /assets, wealth to family, relatives, outsiders, charities etc. after his/her death. A Will should be signed in the presence of two witnesses to give a legal effect as per Indian laws.
Under Section 59 of the Indian Succession Act, Every person of sound mind not being a minor may dispose of his property by Will.
The person who is making a Will, shall:
- Have Testamentary capacity;
- Be of sound disposing mind;
- Have the knowledge of contents of the will;
- Be free from undue influence/ fraud/ coercion;
- Make the will voluntarily and out of his own will and volition.
Testator is a person who dies leaving a Will or testament with respect to his/her property and/or estate.
Will can be handwritten or typed, however typed Will is preferred on a plain paper as Stamp paper or stamp duty payment is exempted in India for a Will document. A Will should be in any language which is suitable to the person who has made the Will.
A Will should cover details of your family, your properties/assets, your liabilities, your wishes, your bequeaths (property distribution wishes), names of two witnesses, date and place of signing, sign of the person who has made the Will and both the witnesses on each page.
Some of the types of Will are:
- Simple Will
- Conditional/ Contingent Will : This is only enforceable in the event of the happening of the mentioned contingency.
- Joint Will : Joint Will is a Will made by two or more testators contained in a single document, duly executed by each testator disposing either of their separate properties or their joint properties.
- Mutual Will : A Will is a Mutual Will ‘when two testators confer upon each other reciprocal benefits, as by either of them constituting the other his legatee. A legatee or beneficiary is a person to whom the property is given under the Will by the Testator.
- Concurrent Will :This is generally used for disposition of properties in different countries. They are to be treated as independent of each other.
‘Beneficiary’ is a person to whom the properties are distributed or “bequeathed” under the Will, i.e., a person who gets the benefit under the will.
Any person, body, trust, charitable institute, society etc. can be a beneficiary under the will. A beneficiary under your will can be your family members, relatives, friends, servants, etc. and you can opt to give your properties in charity.
However Law has set-out procedure to be followed if you have close relatives and want to give all your properties and assets for charitable purpose. This restriction is not applicable in case of Parsis who can give all his/her properties in charity.
Legal heir is a person; male or female, who is entitled to succeed to the properties of the deceased person under the applicable personal law for succession
In case of a “Will” being there: the beneficiaries of the will are the legal heirs.
In the event of ‘No-Will’ situation, if there are only movable properties, a Succession Certificate is to be obtained from Court. If the person has left behind immovable properties also, in such case Letter of Administration is to be obtained from the Court.
Any person except the beneficiary under the will can be a Witness to the will.
- The Will must be signed by the witnesses, ONLY AFTER the will has been executed by the TESTATOR in the presence of the 2 witnesses.
- Both the Witnesses shall also be present simultaneously in the presence of each other and the TESTATOR of the will, at the time of witnessing the execution of the Will.
- Depending on your comfort, you may want your doctor / CA to be a witness.
LExecutor is a person who is appointed by the person making a Will to be authorized to take action on all the wishes as per the Will. An Executor can be any person who is a beneficiary in the Will or any trusted person like family friend, lawyer or CA who can assist the family to act as per your wishes in the Will.
Though it is not mandatory to appoint an Executor, however it is recommended to appoint an Executor in Will document for smooth and faster distribution of assets.
Yes, it is allowed where both the husband and wife bequeath all properties to each other and final bequeath is mentioned by which properties are distributed to family, relatives etc. as per Joint Will.
However, such Joint Will can take effect only after the death of both and not during the lifetime of either one.
Many a times, husband and wife prepare ‘Mirror Will’ or similar Wills which are two separate individual Wills where each spouse gives all his/her property to their other spouse and mention third person as an Alternate Beneficiary.
One can nominate guardians for minor children who are beneficiary in the Will, and such guardian will be responsible to look after the minor children and protect their share until the child attains 18 years of age.
Many a times, people create a “Trust” by way of Will for the benefit to all the legal heirs, friends, relatives or for charitable purpose.
Yes. For example – for Hindus, it is the Hindu Succession Laws, For Parsis and Christians, it is the Indian Succession act, For Muslims it is as per the Sharia Laws (different rules for Shia, Sunni, Khoja etc.)
Properties and Will
It is advisable to mention all self-acquired single/joint properties, wealth, assets, receivables as well as all liabilities/loans in the Will, including movable, immovable, intangible properties and assets.
Movable properties will include Cash, Jewellery, FD’S, Bank Accounts, Insurance Policies, Vehicles & all your furniture, fixtures etc.
Immovable properties will include all your Land, Building, Flat, Shop, Office, Plot, Garage etc.
Yes, as per Indian laws, a nominee is trustee and nomination arrangement is just a facility to claim property by a nominee in the event of death of owner.
Yes, as per Indian laws, a nominee is trustee and nomination arrangement is just a facility to claim property by a nominee in the event of death of owner.
Nominee will only act as Trustee for temporary period till legal heir is established as per the Will or as per the Succession Act, thereafter nominee has to handover those properties to rightful legal heirs. Nominee can also be a legal heir.
Ancestral properties in which title/ownership is legally transferred can be bequeathed by a Will.
Yes, ownership as a proprietor in a proprietorship firm OR share owned in a company can be bequeathed by a Will. For share in partnership firm as a Partner, it is allowed to be bequeathed subject to conditions, if any, in the Partnership Deed. Share in Hindu Undivided Family can also be bequeathed.
One can bequeath pets, paintings, antiques, electronic items, furniture & fixtures, Intellectual properties like trademark, patents, copyrights, licenses, digital assets, social media accounts, personal belongings, books, etc.
Properties situated in foreign countries are governed by local laws in those countries & the procedure to enforce Will in such countries would be different from India. Therefore, it is advisable to prepare two separate wills - one dealing with properties in India as per Indian laws and the other with properties in foreign countries as per local laws. Such Wills are called as concurrent Wills and are treated independent of each other unless interlinked.
After making a Will
A will can be stored at any place. However it is advisable to store your will at a safe and secure location where it cannot be tampered with and it can be easily found by your family after your death. It may be kept in the safe custody of a locker, with a trusted person or with professionals like banker or solicitor who will take necessary steps to inform the executor after your death. Various banks and financial institutions offer custodian services for safe keeping your will.
No, Notarisation or Registration of Will is not mandatory.
However, one can register the Will at any point of time till life-span after making it.
To register a Will, maker of the Will has to personally visit along with two witnesses (it is not necessary for these witnesses to be the same who signed as witnesses to the Will signing). You also need to carry Original Will, Doctor’s certificate for mental fitness and an address proof. Fees, as applicable, will have to be paid.
Yes, a registered Will can be cancelled through an Unregistered Will. Registration of the Will is optional and even subsequent unregistered Will can revoke the earlier registered Will.
Section 62 of the Indian Succession Act clearly states that a Will can be altered or revoked by its maker anytime when he is competent to dispose of his property by will. A person can make a new Will as many times as he wants OR for few changes he/she can make a Codicil which is a Supplementary to the main Will.
However, it is necessary to mention in your Will that ‘This is the Last will and all past Wills, if any, to be treated as cancelled’ since only the last Will is legally valid.
One can cancel/revoke their Will at any point of time or even by making a fresh Will. Once a
Will is made all the past/old Wills stand cancelled. A Will can be revoked in the following
ways:-
i) By execution of a subsequent Will;
ii) By writing and declaring an intention to revoke the Will;
iii) By burning, tearing or otherwise destroying the Will.
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