Information to be given to draft a valid WILL
Draft of WILL depends upon EXECUTANTS (the person making the WILL) following
information :
General information to be given for Drafting a WILL by the person making the WILL:
- Full Name of the person making the WILL (Executant).
- List of all legal heirs.
- List of immovable and movable properties the person making the WILL wish to mention in
the WILL. Other immovable and movable properties which are not mentioned or not included
in the Will, will go as per SUCCESSION ACT.
- NAME of the legal heir/s to whom the particular property (movable or immovable) to be
given.
- Any specific information to be written in the WILL as per the wish of the Executant (the
person who is making the WILL).
- Name of the EXECUTOR (EXECUTOR is the name of that person who will sign the PROBATE
PETITION after the death of the person making the WILL) EXECUTORS can be beneficiaries
also.
- Doctors certificate stating the person executing WILL is in sound Mind and health to
execute a WILL.
- Two witnessess above 18 years of age. They should sign the WILL as witness.
A valid WILL can be Notarised, Registered or UNRegistered.
A WILL need not to be compulsorily registered (but advisable to be registered).
A Will signed by the EXECUTANT (the person making the WILL) with 2 witnessess is a valid will.
For PROBATE order name of the EXECUTOR is a must.
If EXECUTOR name is not mentioned still its a valid WILL but Probate Petition cannot be obtained.
One has to apply for LETTER OF ADMINISTRATION WITH A WILL ANNEXED.