This presentation is meant to help the viewers about the need, purpose and mechanism to frame a Will of their assets, both movable and immovable. A sample Will can also be seen on my profile titled 'Sample of a Will'.

1. EXECUTION AND
REGISTRATION OF WILLS

2. Presentation
by
Maj Gen Nilendra Kumar
Director,
Lex Consilium Foundation

3. WHAT IS WILL
• It is a disposition of property made by a person
during his life but intended to take effect after his
death.
• Thus a Will is revocable during life.

4. A Will is a secret and confidential document.

5. REMEMBER
• Will operates only in relation to self acquired property.
• Inheritance of ancestral property will be governed by
the Law of Succession. A right or share in that can in no
way be changed by the text of a will.

6. TERMS USED
In English Law, a bequeath of movables is called a
‘legacy’, and a bequest of land and other
immovable property is called a ‘devise’.
However, in this presentation the word ‘give’ is
being used.

7. TESTATOR
Any person who has written and executed a last
Will and that is to come in effect at the time of
his/her death.

8. INTESTATE
Not having made a Will before dying.
• Consequence-
If a person governed by the Indian Succession Act,
1925, dies without leaving a Will then a person(s)
maybe appointed to administer his/her estate as
provided in Sections 218 and 219.

9. EXECUTOR OF A WILL
• A person or institution who is the legal
representative, named in a Will or implied as
such, to carry out the process of the distribution
of the assets of the testator.
• The executor may, in the interim period,
administer or manage the property.

10. CODICIL
• A codicil is a document that amends an existing
Will but does not replace it.

11. • A Codicil adds, alters or explains a Will. It
is not a standalone document.
• A Codicil is not required to be
compulsorily registered but it needs to be
witnessed.

12. PROBATE
• It is the official proving of a Will.
• A probate is applicable both for registered
and unregistered Wills.

13. NOMINATION
As per law, a nominee is a trustee and not the
owner of the assets. He is legally bound to
transfer the assets to the legal heirs. In that sense
he is like the caretaker for the interim period.

14. A nominee maybe a neighbour, relation,
colleague, friend, or any such person.

15. REASONS AND EFFECT OF NOT
MAKING A WILL
The elderly and aged may perhaps harbour a sense of
uncertainty, apprehension due to lack of proper advice. Not
having completed their responsibilities and due to non
execution of their Wills may give rise to confusion and
nervousness.

16. THOSE NOT HAVING
FRAMED THEIR WILL
• It maybe due to ignorance and/or lack of proper
help and service.
• To that extent such persons are devoid of access
to justice about ownership in regard to their hard
earned assets.

17. WHO CAN MAKE A WILL?
Any person of sound mental disposition and who
is not a minor can lawfully make a Will concerning
his self acquired property.

18. INCAPACITY TO MAKE A
WILL
No person can make a Will while he is in such a
state of mind, whether arising from intoxication or
illness or from any other cause, that he does not
know what he is doing.

19. ESSENTIAL
CHARACTERISTICS
• There must be a legal declaration
• The declaration must be with respect to the
property of the testator.
• It should be renewable during the life time of
the testator.

20. APPLICABLE LAWS
• Law of Succession
• Property Law
• Registration Law
• Notary’s Law
• Conveyancing
Mainly, The Indian Succession Act, 1925

21. PREPARATORY STEPS
Be prepared with :
• List of your moveable and immoveable assets.
• Carry out your succession planning (decide whom
do you want to give your property).
• Decision to distribute and bequeath your assets.

22. FAQS
• Is registration of a Will mandatory? - No
• Do the attesting witnesses need to be beneficiaries? - No
• Can a Will executed earlier be changed? - Yes
• Can husband and wife do a joint Will? – Yes but one can
only give to the extent what one owns.
• Can the husband include in his Will a property that he
holds jointly with his wife? – Yes, but see above.
• Does it need to be drawn up on a stamp paper? – No

23. • Registration of Wills is not mandatory. Those wanting
their Wills to be executed but do not want it to be
registered are free to do so.
• A Will doesn't have to be notarized.

24. VARIATIONS IN THE TEXT
MAY HAVE TO BE DUE TO
• Religions denomination
• Individual status?
• Types of property
• Manner of bequeath

25. ILLUSTRATIVE
Types of Property
• Residential or commercial
• Plot of land
• Orchards, plantations, tanks, ponds etc.
• Moveable & household items like jewelry etc.
• Royalty income (author, poet, singer etc.)
• Weapons/medals/decorations
• Cash, Bank balance and locker
• Paintings
• Coins/ stamps collection/ antiques

26. ILLUSTRATIVE
Types of Bequeath
• Full and complete
• Partial
• Under guardianship
• Under management of a Trust

27. LANGUAGE
A Will may be written in any language and no
technical words are necessary.

28. HOW TO DRAFT
• Yourself
• Through a lawyer
• Online Will makers

29. ESSENTIAL DETAILS
• Name
• Address
• Place
• Date
• Name and relationship with beneficiaries, where
applicable.

30. ASSETS
Must be described precisely. To illustrate- Flat
No., floor, building, location, survey No.,
adjoining plots, No., type of accounts in bank
with the name of their branch, details of
jewellery item. To avoid any ambiguity
picture/photograph of the items can be given.

31. DO
• Keep the language as simple as possible and
free from technical words.
• Do obtain previous consent of the executor(s).
• If any of the beneficiaries is a minor, nominate
a guardian also.
• The signature should best be placed at the foot
or end of the writing.
• Sign on appendices also.

32. DON’T
• Leave any portion blank.
• No overwriting or erasures.
• Give page numbers.
• No pin or staple holes.
• Select witnesses who are younger to you.

33. MOST IMPORTANT
Testator’s valid signature. Don’t forget to mention
the full name.

34. A SAMPLE WILL
The sample of a Will can be viewed in the
context of this presentation on my profile in
SlideShare.

35. CONCLUSION
Innovation and ingenuity would serve societal
needs by framing of Wills and thereby save
unnecessary disputes and litigation.