Page 31 - Seniors Today - Vol1 Issue 3

testate, succession to his/her property would be amended by a Codicil, a legal document
be governed by the Will under the Indian deemed to be part of such Will. It must follow
Succession Act, 1925, irrespective of his/her the same rules as a valid Will.
religion (other than Muslims who can give only
a part of their estate under a Will). Intestate Death

How to make a valid Will

Ensure that your wishes are clear and unambiguous
Making a proper Will can eliminate a lot of confusion
Not everyone makes a Will and therefore when
1. The testator must declare that he/she is of a person dies intestate, inheritance laws apply
sound mind and not a minor. as follows:
2. The testator should revoke all previous Wills 1. In the case of Hindus, Sikhs, Buddhists,
if they exist and declare this to be their last and and Jains, the applicable law is the Hindu
final Will. Succession Act, 1956.
3. The testator should appoint Executors of the 2. In the case of Muslims, inheritance is
Will, and in case the Will creates a Trust, then governed by Sharia law.
Trustees. 3. In the case of Christians, Parsis, and interfaith
4. The Will should contain a description of marriages under the Special Marriage Act, 1954,
the assets owned by the testator, including the Indian Succession Act, 1925, would apply.
immoveable property, bank accounts, cash,
investments, jewellery, other assets to be
bequeathed, intellectual property, and in today’s
times also email and other digital accounts and
passwords.
5. The Will should name beneficiaries. If there
are several beneficiaries then a detailed list or
share of assets bequeathed to each beneficiary
should be clearly mentioned, including the
beneficiary/ies of the residue assets which are
not specifically listed. If any beneficiary is a
minor, or not of sound mind, then a custodian
for such assets should be named.
6. The Will should be dated and signed in the
presence of two witnesses.
7. It should contain the names, addresses and
signatures of the witnesses.
It must be mentioned here that there are
different rules that apply for HUF (Hindu When a person does not leave a Will, various inheritance
Undivided Family) property. A valid Will may laws will apply to their property

SENIORS TODAY | Volume 1 | Issue 3
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