Jigar M. Patel
International Tax Attorney
The following important points should be borne in mind by an individual while drafting his Will:
Keep it Clear and Simple
- A Will can be executed on simple paper and it is not necessary to have any stamp paper or legal paper for the same.
- No legal jargon is required to prepare a Will. In fact, it is desirable that the clear intention of the testator can be understood in lucid and simple language.
Manner of execution and attestation
- The most important thing in connection with the execution of a Will is attestation of the Will by two witnesses who are present at the time of signature of the testator and who sign as witnesses to the Will. It would be advisable if a person who is a beneficiary under the Will does not sign as a witness.
- The testator should preferably sign each page of the Will and if there are any corrections in the same he should initial them in the margin. If there are too many corrections, it would be better to prepare a new Will.
Registration or notarization when advisable?
- A Will is not required to be compulsorily registered. However, where it is apprehended that the genuineness of the Will is likely to be challenged, it may be advisable to consider either notarization of the Will before a Notary Public or registration of the same before the Registrar. In such circumstances, it may also be advisable to have the individual’s family Doctor sign the Will certifying that he or she is of sound physical and mental health.
Importance of Executors under the Will
- Since the implementation of the Will is to be effective upon the death of the individual, it would be necessary to appoint one or more executors under the Will. The testator should try to appoint trusted persons as executors and clearly mention their names under the Will authorizing them to act as executors.
Can a beneficiary also be an Executor?
- An interesting question that requires attention is whether a beneficiary under a Will, who has been named to receive certain properties of the testator, can also be appointed by the testator as an executor under the Will.
- There is no legal bar either under the Hindu Succession Act or the Indian Succession Act in appointing a beneficiary under a Will as an executor. The testator may, accordingly, take an appropriate decision in this regard based on practical considerations.
Codicil, if made, should accompany the Will
- Where a Will does not call for revision, but if some minor points are required to be clarified or corrected under the original Will, a supplementary document known as ‘Codicil’ can be prepared.
- The same points as mentioned above in respect of a Will should be kept in mind while preparing the Codicil. It would be necessary to have the Codicil attached along with the Will and keep the original document at a safe place and give relevant information in regard to the same to close family members or friends. It may also be advisable to give a copy of the Will or Codicil to the executors for their reference.
