Know the myths, facts and the actual truth regarding Wills in India.

1. 1 3 C O M M O N M Y T H S
E X P O S E D
R E G A R D I N G W I L L S I N
I N D I A

2. A Will or testament is a legal document through which a
testator can state his/her wishes regarding the way they want
to distribute the property at the time of or after their demise.
However, many testators who are preparing their Will are
unaware of some of the key factors that could create
confusion or problem for legal heirs after your demise.

3. Myths Regarding Wills
And The Actual Truth

4. Fact- As per the Indian law:
Myth 1-“A Will should be written on a stamp paper and
it requires registration”
A Will can be written on a plain A4 size paper
No Stamp is required for writing a Will
There is no compulsion to register a Will in India
It needs to be signed before two witnesses- no need for a doctor
or a lawyer as witness
A doctor certificate is required if the age of the testator is above
60 years.

5. Myth 2- “If I don’t prepare my Will, automatically all my
assets would transferred to my spouse”
Assets can be inherited as per wishes of the testator mentioned in the
Will, however, in the absence of Will all family members will get their share
as per the succession laws for which a Succession Certificate needs to be
obtained from the court that may cost about INR. 1 lac and 6-8 months’
time.
In case of a Hindu Male, all his assets will be equally distributed amongst
his living family members including mother, wife, all sons and all
daughters (even if the daughters are married).
However, if the Will is made, there would be no such hassle or confusion.
Fact- As per the Indian law:

6. Fact-
Myth 3- “Will needs to be handwritten in a language
known to Testator”
As per the laws, a Will can be handwritten or typed depending upon the
choice of the testator. Moreover, it can be in English or any other
language.
If a testator is uneducated does not know English, a Will can be read out
fully by any person or witness.
In the above-mentioned situation, witnesses will sign a confirmation for
reading out the Will.

7. Fact-
Myth 4- “Will needs to be handwritten in a language
known to Testator”
According to Indian laws, a nominee is only a trustee of assets like
Apartment, Bank Account, DE mat Account, Insurance policies, etc., to
take possession/custody.
Nominee is not authorized to own or use any assets for self.
Nominee is required to handover the assets to Legal Heirs as per the Will
or according to the Succession laws (in case of absence of Will).

8. Fact-
Myth 5- “Joint holdings are a substitute arrangement
for a Will”
A Joint holder cannot automatically become an owner as per the laws
Each joint holder has his/her share for those financial assets, which are
then transferred as per the Will or Succession laws.

9. Fact-
Myth 6- “Once a will has been drafted, a person may die
soon so a Will must be written at an old age”
No one is aware of his/her date of demise.
Many people buy life insurance policy; say at the age of 30 years for
situations like uncertain death, etc. In the same way, it is better to prepare
a Will at an early age even if you are in the pink of health.
Moreover, writing a Will requires a testator to have a sound mind without
any unnecessary emotional influence.
Legally, a Will can be made by anyone above the age of 21 years.

10. Fact-
Myth 7- “Will is for people who are extremely rich –
businessmen or HNIs”
Will is required for all individuals, regardless of their age, their bank
balance or the number of properties they own.
Will is important in order to distribute the assets righteously amongst your
loved ones.

11. Fact-
Myth 8- “Writing a Will is a time-consuming and
troublesome process”
In this digital world of today, you can write a Will with 100% confidentiality
and proper legal assistance without any hassle and that too at reasonable
costs.
Seeking a legal advice is important and beneficial in order to ensure that
you’ve got it all right.

12. Fact-
Myth 9- “Once a Will has been written, it is not possible
to go back and make changes to it”
A will can be edited or modified as many times as you want by way of
Codicil or you can draft a new one from scratch.

13. Fact-
Myth 10- “NRIs have to write one Will for their assets in
multiple countries”
NRIs need to write a separate Will for their properties in India covering all
the immovable properties as per the Indian laws to avoid inheritance tax
on value of the property.

14. Fact-
Myth 11- “I have verbally informed my spouse to
distribute my assets after my death”
As per the Indian laws, verbal conversation of distributing assets is not
legitimate.
It’s essential to write a Will to cover all aspects of your wishes legally
to avoid any family disputes or misunderstandings later on.
An orally-communicated Will is permitted to Soldiers during the war or
in some Muslim laws.

15. Fact-
Myth 12- “A Will only covers the assets owned on the
current date when the Will was written”
A will also cover any kind of income earned in the future from
the business.

16. Fact-
Myth 13- “ Is it necessary to plan succession for my
business assets”
As per the law, if business succession is not planned rightly like a
Will document, the business assets are going be equally divided
among family members, whether they have any
knowledge/experiences or not- including married daughters.

17. Still confused or have some queries related to
drafting or making a Will?
Take the help of Legal Experts !

18. Get in touch with us at NRI Legal World for Will
Drafting, Challenging a Will OR Any Other
Legal/Administrative Matter in India.
A team of competent and experience lawyers with
one goal on their mind – Vivaad Mukt NRIs.

19. +91 85-85-85-71-71
www.nrilegalworld.com
info@nrilegalworld.com