In India, a WILL is a legal document that outlines how a person’s assets WILL be distributed after their death. While the specific details of a WILL can vary depending on an individual’s personal circumstances, there are certain elements that should generally be included in a WILL. These include:
1) Identification of the testator: The WILL should begin by clearly identifying the person making the WILL, also known as the testator.
2) Appointment of an executor: The executor is the person who will be responsible for carrying out the instructions in the WILL. The testator should name an executor and provide instructions for how the executor should handle the distribution of assets.
3) Bequests: The WILL should clearly specify how the testator’s assets will be distributed after their death. This can include bequests of specific assets to specific individuals or organisations.
4) Residuary clause: This clause should specify how any remaining assets should be distributed after all specific bequests have been made.
5) Contingencies: The WILL should address contingencies, such as what should happen if a named beneficiary dies before the testator or if an asset named in the WILL is no longer owned by the testator at the time of their death.
6) Guardianship: If the testator has minor children, the WILL should address who will be responsible for their care in the event of the testator’s death.
7) Funeral arrangements: The WILL may also include instructions for the testator’s funeral arrangements.
It is important to note that a WILL should be as clear and specific as possible to avoid any confusion or disputes after the testator’s death. It is advisable to consult with a lawyer when creating a WILL to ensure that it meets all legal requirements and is not open to challenge.
