Trusted Legal Advisor in Kelambakkam

Any person who is of sound mind and at least 18 years old can make a Will in India. For instance, you, as a 35-year-old adult, can draft a Will to distribute your property as per your wish.

Yes, you can change or revoke my Will at any time. For instance, if you decide to add or remove a person you can create a new Will reflecting this change.

If you die intestate (without a Will), your assets will be distributed according to the laws of inheritance. For example, if you have a spouse and two children, the property will be divided as per the applicable laws (e.g., Hindu Succession Act, Muslim Personal Law), or the legal heirs can file a partition suit for the court to share the property / assets to the legal heirs.

Registration of a Will is not mandatory, but advisable. For example, if you register the Will, it may help prevent disputes among my heirs, as it serves as stronger evidence of my intentions.

You can challenge a Will in court on grounds such as lack of testamentary capacity or fraud. For example, if your sibling presented a Will that you believe was forged, you can file a suit to contest its validity.

Probate is the legal process through which a Will is validated by the court. While probate is not mandatory for all Wills, it is mandatory for Wills that involve properties located in metropolitan cities such as Chennai, Mumbai, and Kolkata if those properties fall within the jurisdiction of the respective High Courts. This requirement ensures that the Will is legally recognized and helps prevent disputes over the distribution of assets among heirs.

Yes, you can include provisions for the guardianship of your minor children in your Will. For example, you may specify that if you pass away, your sister will be the guardian of your children.

Yes, you can include conditions in your Will. For instance, you might state that your son will inherit your property only after he turns 25.

Yes, you can choose to disinherit someone. For example, if you have a strained relationship with one of your children, you may decide to leave your assets to your other child instead.

If you lose the Will, you should draft a new one. However, if the original Will can be proven to have existed, it may still influence the distribution of your assets. Therefore, it’s advisable to file a missing complaint at the concerned police station immediately after realizing the Will is lost. If the testator has died and the Will is missing, it is necessary to obtain a non-traceable certificate from the police station to demonstrate that the original Will cannot be found.