Life is uncertain and there can be numerous situations that may require you to draft your property Will to safeguard your property.
Need to Draft Your Property Will
You ought to have viewed household disputes over property things languishing in the courts for years. This is because inheritance troubles in India are very complex and a single step can make certain your amicable distribution of your actual property assets gets delayed for years. This is why you need to draft your property Will to ensure that your property is securely passed on to the next generation.
What is a Property Will and Testament?
A property Will or Testament is a document which securely enumerates the last wish and division of the property of the testator or testatrix. The property proprietor executes this record so that he can sketch his succession. This is accomplished so that the property can be disbursed amongst legal heirs as per the wish of the property owner and it is advised that one must consult an experienced property lawyer who can help with drafting the Property Will and Testament for you.
Key Factors to Draft your Property Will
- Details of the testator or testatrix who is making the Will
- The intention of the testator has to be there and the division of property has to be mentioned
- Details of the beneficiaries have to be there
- In the case of a minor, the testator has to nominate the guardian of the property until the minor attains maturity
- The Will or Testament should be drafted by an experienced property lawyer and signed in the presence of at least two witnesses
- The Will should mention that it will only become effective after the demise or death of the testator or testatrix
- An Executor should also be appointed under the Will or Testament so that Probate of the Will can be obtained from the Court after the demise or death of the testator or testatrix
How to Draft Your Property Will?
In numerous cases, household disputes manifest due to non-distribution of the property after the demise of the owner. After the death of a person, his property devolves in accordance with two approaches – (1) in accordance to his Will i.e. testamentary succession, or (2) in accordance to the personal law of succession of the demised person upon the respective legal heirs, when no Will is made. However, it is advised to consult an experienced property lawyer to help you draft your property Will in accordance to law.
Draft your Property Will with an Experienced Property Lawyer
A Will or Testament enumerates the last wishes of yours in terms of distributing your immovable and movable properties. However, do remember that a Will is not valid without obtaining Probate from the court after the demise of the testator or testatrix. Getting Probate from the Court can be challenging if the Will itself is not drafted correctly. Hence, you must draft your property Will with the help from an experienced property lawyer. You can check the format of a Will and Testament to learn the essentials about how to draft your property Will. For Wills and Testaments to be drafted in West Bengal or Kolkata, you can contact Advocate Chenoy Ceil, who has over 10+ years experience dealing in Wills and Probates.