What is will and how it can protect your loved ones from financial stress

A will is a legal document that specifies how a person's assets and belongings should be distributed after their death. It allows the individual, known as the testator, to ensure their wealth is passed on according to their wishes rather than being distributed as per default inheritance laws. A will can cover various assets, including money, real estate, investments, and personal belongings. Having a properly drafted will not only secures the financial future of loved ones but also prevents legal disputes among heirs.

While many people assume that their wealth will automatically be passed on to their family members, the absence of a valid will can lead to complications. Without a will, the inheritance laws of the country come into play, which may not align with the deceased person's wishes. Therefore, drafting a will is crucial to ensuring a smooth and dispute-free transition of assets to the intended beneficiaries.

Meaning and importance of a will

A will serves as an individual's last legal statement regarding their estate. It details the beneficiaries who will inherit specific assets and appoints an executor responsible for carrying out the instructions mentioned in the will.

Some key reasons why creating a will is essential include:

• Ensuring property distribution as per your wishes: A will allows the testator to decide who receives what portion of their estate, ensuring their loved ones are cared for.
• Avoiding family disputes: Clearly defining asset distribution minimises conflicts among heirs, reducing the likelihood of legal battles.
• Appointing a guardian for minor children: Parents can use a will to name a guardian for their children in case of an untimely demise.
• Minimising legal hassles and delays: Without a will, legal proceedings can become lengthy and complicated, delaying asset distribution.
• Tax benefits: Proper estate planning through a will can help minimise tax liabilities on the inheritance.

Features

• Will testamentary document: A will is a legal document that becomes effective only after the testator's death. Until then, the testator can modify or revoke it as per their wishes.
• Clarity in asset distribution: It provides a clear outline of how the testator’s assets should be distributed among heirs and beneficiaries.
• Legal recognition: A will is legally valid when it complies with the laws of the land, including proper execution and attestation.
• Appointment of executor: The testator appoints an executor to oversee and ensure the implementation of the will.
• Flexibility: A testator can modify, update, or revoke a will anytime before their death as circumstances change.

Is a will valid in India?

Yes, a will is legally valid in India under the Indian Succession Act, 1925. To be considered valid, a will must fulfil the following conditions:

• The testator must be of sound mind and above 18 years of age.
• The will should be voluntarily written without coercion, fraud, or undue influence.
• It must be signed by the testator in the presence of at least two witnesses.
• The witnesses should also sign the document, confirming that they saw the testator sign it.

Although registration of a will is not mandatory, it is highly recommended. Registering a will at the Sub-Registrar’s Office ensures its authenticity and prevents tampering or disputes later. A will can be handwritten or typed, but it must clearly express the testator's wishes regarding asset distribution.

Difference between a nominee and the legal heir

Many people assume that appointing a nominee for their bank accounts, mutual funds, or insurance policies is equivalent to making them the rightful owner of those assets. However, this is not true.

• Nominee: A nominee is a person designated to receive the funds or assets upon the testator’s death. However, they are merely a custodian of the assets and do not have ownership rights.
• Legal heir (Beneficiary as per Will): The legal heir is the person entitled to inherit the assets as per the will or succession laws. Even if a nominee is in place, the actual ownership is transferred to the beneficiaries named in the will.

For example, if a person has appointed their spouse as a nominee for their bank account but mentioned in their will that their child should inherit the funds, the nominee (spouse) is responsible for ensuring the money is transferred to the rightful heir (child). This distinction is crucial for estate planning to avoid misunderstandings.

Why should you make a Will?

• Avoids legal complications: A will helps prevent unnecessary legal disputes and ensures smooth asset distribution.
• Secures the future of dependents: It allows you to provide for your spouse, children, or elderly parents even after your demise.
• Ensures fair distribution: You can decide how your assets are divided among heirs instead of relying on inheritance laws.
• Reduces financial stress: Without a will, dependents might face financial difficulties while waiting for legal processes to conclude.
• Helps in charity and philanthropy: A will allows you to allocate a portion of your wealth to charitable causes or institutions.
• Provides peace of mind: Knowing that your loved ones are taken care of as per your wishes offers mental peace.

Conclusion

A will is an essential legal document that helps individuals manage the distribution of their assets after their passing. It ensures that their wealth is allocated as per their wishes rather than following generic legal provisions. In India, a will is legally recognised and can be modified or updated at any time before the testator’s death.

To avoid complications and ensure a smooth transition of assets, it is advisable to draft a legally sound will with the help of a lawyer or estate planning expert. By taking this crucial step, individuals can protect their wealth and secure the future of their families effectively.

Rohit Gyanchandani is Managing Director at Nandi Nivesh Private Limited