Is making Will necessary?

Resources say that the awareness of the importance of making a will in India is much lower than that in the western world. Only 36% of the total population in the USA makes a valid will whereas the UK is a little better with 47%. With the decreasing life span experts say that this is not enough. But, in India the percentage is even lower .This is alarming.

In our initiative towards creating awareness about the importance of making a will, we found that over 80% of the cases pending in various courts across  India are related to property disputes , succession matters , inheritance and probate executions. These cases sometimes outgrow the age of the people fighting the cases. Such situations can be avoided if each one takes a responsible decision to systematically assign his/her properties. This can only be done through a valid will.

Why making of “Will” is important? …..We know that the only way out is that to keep an eye on incidents which compel the law makers to be stricter to keep a check on such shaming incidents. The other side of the story is that such laws are also misused to cater evil motives. 

The importance of a Will cannot be stressed enough for Indians with lakhs of Civil Cases pending in various Courts of Law for ages. However, the importance of a Will was realized by many only after two very high profile wars among some of the richest families in the country- the Ambani’ s and the Birla’s. The first was the case with the absence of a Will;

The second was the case with the Will bequeathing over Rs. 5,000 crores to their consultant. There is a very renowned proverb is that “Where there is a Will there is a way”. A written Will, will take care of most of the problems related to passing on wealth.

A Will is a wish list of the Testator who has wealth (Paintings, CD, Book, Diary, Shares, Good Will, Patents, Copyright, real estate, Antiques, Jeweler, pets or any other valuable movable or immovable things) to be split up among his family members, relatives, employees, charity, or anyone else after his passing away.

At any point of time, the owner of the wealth can have a change of mind and if he needs to make any changes in his Will, the said Testator can instantly change his Will in his life- time. The necessity of a Will is emphasized as under-

The Concept of Will is not alien to us, but how many of us actually make the effort to write one? Most of us do not bother based on the assumption that it is required only for those who are rolling in wealth.

Succession planning can be done through Wills, Corporate entities and trusts. If any one dies without making a Will (called “intestate” in legal Parlance), his wealth is inherited by the heirs according to the inheritance laws. If a person dies without a Will, the law of succession applies based on the religion of the deceased. Since laws of marriage and succession are the most intricate among the religious laws, inheritance issues an India are very complicated. In case of more than one heir, distribution of assets can lead to family disputes. If you die intestate, the Court will decide as to whom your precious property be distributed. At that time, your heir has to follow the judgment of the said Court as it becomes functus officio (Once the Court has passed a valid sentence after a lawful hearing, it is functus officio and cannot be changed). The main reason for making a Will is to say who should receive your property and who should raise your children if something fatal occurs to you. If you do not own any property and also do not have children, you may still want to make a Last Will anticipating to have a property or children in the future. If you want your spouse to get all your properties after your death, you should still write a Will mentioning this. All the assets do not automatically get transferred to the deceased’s spouse.

The applicable succession laws (depending on one’s religion) usually provide for distribution of the assets among the heirs, which includes other relatives in addition to the spouse of the deceased. It is a misconception to believe that all the estate automatically passes on to the spouse. Children and relatives can also stake claim to the property. Law of Inheritance and succession are diverse and complicated. This kind of division of assets is an expensive business as your family would have to hire the services of a lawyer and all the costs will be incurred out of your estate. So in effect, your family will get a diminished share.

Whether it’s a son drawing a huge amount as salary or a daughter who is still pursuing her studies, both of them get a fixed portion of your wealth when the laws of succession come into play. A Will offers you the option to give more to your daughter if she needs support. Even if you plan to distribute your wealth equally among all your heirs, you should write a Will to that effect to avoid disputes among your family members and make the transition of wealth easier. One can also write a Will for creating trusts. A Will does not only distribute wealth; it can also offer responsibilities. Who should take care of your children in absence of you and your spouse? Should they be raised by your brother who is in a financial mess or you want your elder sister to take care of them?

Most of the time it becomes a bone of contention in deciding who would take care of the children after the demise of the parent.

Now, you may be conceding the above explained truth but you must be thinking that the procedure is complicated, especially the procedure of the registration of Will. So, still you are thinking twice before making Will.

Till, today you have been procrastinating making of Will due to its complicated procedure and huge expenditure. This blog aims at creating awareness in the masses about the importance of making Will. We provide the best services in the field of Estate and succession planning which is available at a very competitive fee structure. DiL SE WLL, is a one stop solution for making an online will, consultation, legal advice and registration.

Thanking You.

Wishing you a long & healthy life.

We celebrate your success in life.

Let’s add the awesomeness in our lives.

To know more, please visit www.dilsewill.com

Author: Shreya Nandi (Legal Executive Officer)