North India Statesman
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Writing a will is not as easy as it seems. People often think that just writing the property on paper is enough, but it is not so. In fact, a small mistake, such as a missing signature, a mistake by a witness, or unclear language, can turn the entire will into controversy.
The result is that the family has to make rounds of courts for years. So if you are making a will for your property, understand every legal process and follow every step. So that after your death your family does not have to face any problem.
Making a will is an important step in ensuring a fair and peaceful division of a person’s property, but even small mistakes can lead to disputes and court cases.
According to legal experts, the will should be written clearly and without any ambiguity, and it should be drafted as per Section 63 of the Indian Succession Act, 1925.
Under this, the person writing the will (testator) has to sign it in the presence of two independent witnesses, and both the witnesses also have to sign it. If any of these processes are incomplete, the will may be challenged in court.
Obtaining a medical fitness certificate and recording a short video while signing the will proves that the person writing the will was fully conscious and was under no pressure.
It is also important to update the will from time to time. Especially after major events like marriage, divorce, birth of a child or purchase of a new property. Vague language, lack of witnesses, not appointing guardians for minor children, and not mentioning digital assets are all common mistakes that weaken a will.
Furthermore, registration of a will is not mandatory, but failure to do so may raise questions about its validity later. The most important thing is that the will and the distribution of property should be discussed openly with the family to avoid any future disputes and to ensure that the property is distributed as per the individual’s intentions.
