Provisions of Indian law relating to execution of wills

 After your death, there should not be any dispute in your family over your property. Also, each person should make his own will to prevent many future disputes. So that future disputes can be avoided resulting in family division over property.

Provisions of Indian law relating to execution of wills

  Indian law relating to execution of wills is governed by the Indian Succession Act, 1925. Below are some key provisions of the Act:

 Who can make a will: Any person who is mentally competent and has attained the age (18 years) can make a will.

 Procedure for Execution of Will: Will must be in writing and executed by the testator or in his/her presence of two or more witnesses of the testator. They must sign in their presence. The witnesses must attest and sign the will, acknowledging that they signed in their presence and signed as witnesses.

 Revocation of Will: A will can be revoked by the testator at any time during his/her lifetime by destroying, revoking or making a new will.

Probate of Will: Probate is the process of proving the authenticity of a will in a court of law. Probate is not mandatory under Indian law, however

Probate is advisable if there are any disputes or challenges to the will or if it is to be avoided.

 Inheritance of property: After the will is proved to be genuine, the property of the deceased testator will be distributed according to the provisions of the will. If there is no will or if the will is found to be invalid, the property will be distributed according to the laws of succession as laid down in the Indian Succession Act.

It is advisable to consult a lawyer when making a will to ensure that it is valid and enforceable.