Wills and Probate

Wills are important to securely declare how you intend to divide or distribute your assets, wealth and property after death. It is the best way to ensure that your wishes are respected after your demise. The laws of succession and inheritance in India regulates how wealth and assets are distributed after the demise of a person. When no Wills are made, properties devolve according to intestate succession. If a last Will and Testament is created, then assets are distributed according to testamentary succession.

Laws of succession can be complicated and intestate succession can lead to complex property issues and questions. Hence, it is advisable that you predict the future and resolve unforeseen property disputes by creating a Will. If there is any untimely demise, properties can often be held in family disputes for several generations. The best way to resolve such issues, is to take the precautionary measure of creating a Will that can be easily enforced to divide property among your heirs.

Apart from creating a Will, you should be aware of the features of a Will, including the role of the beneficiary and the executor. The executor is defined under Section 2(c) of the Indian Succession Act 1925 and he/she has the power to carry out the directions given in the last Will and Testament. If you are creating a last Will, then you must consider various factors before deciding who can be the best person to execute your wishes upon your demise.

Although Wills mandate the last wishes of the testator, there are times when a Will can be challenged in court. A Will can also be revoked or altered at any point in time if the maker wants to do so. It is recommended that everyone creates a Will and keeps it safe. Once your Will has been created, you can update and change it later based on your requirements. Wills and probate in India should become a common phenomenon as it is one of the most vital legal agreements that define the rights to property after demise of a person. We are encouraging people in India to make Wills to safeguard their assets after their demise.

Wills and probate in India follow specific rules and guidelines which can be best understood by legal professionals. If you are looking to read more about Wills and Probate, check out our website. You can subscribe to our website today to receive regular real estate news, and signup for our monthly housing law updates. For more information, you can contact us here.