FAQs in Will Writing
31st August 2021
We often get calls from people on various aspects relating to writing a will. While some of the questions are very specific to a particular case, quite a few of these are very generic in nature and we thought we should put out our answers in the public domain for the benefit of all our readers. We hope you find these useful and happy to receive & answer more questions.
Is a will a legal document? If yes, does it have to be drawn on a legal paper?
While a will is a legal declaration of the one writing it; it need not be on a legal paper.
For that matter, the paper does not have to be even stamped or notarised.
When should I write my will?
Ideally, at the earliest possible. And, when you are of sound mind and body. In fact, you can draw up a will any time after you turn 18 years of age; we recommend drawing up a will once you have ‘settled down’ and/or you take up a job or profession, which entails a significant risk to your life, e.g. a pilot, astronaut, or soldier.
How many times am I allowed to change my will? Do I need to register it?
A will is a declaration of your wishes to distribute your estate after death; and you can change your wishes as many times as you wish. Hence, technically, you could re-write your will every time you have a change of mind. This could be challenging! So, we suggest reviewing your will every time there is a change in composition of your family, or (unfortunately) a death of the executor or any witness, or material change in your assets. That apart, it is advisable to review your will at least once every three years.
Besides, it is not compulsory to register the will.
Should the witnesses be a doctor and a lawyer only and should I disclose the contents of my will to the witnesses?
It isn’t necessary to have only doctors or lawyers as your witnesses. Any person other than the beneficiaries can be a witness. You need a minimum of two. Ideally, the witnesses should be younger than you, of sound mind, and someone from the same city or town for the sake of convenience. If you are a senior citizen, it is always helpful to have a doctor’s certificate stating you to be of sound mind and body at the time of writing of the will.
The witnesses only confirm that you have signed your will in their presence and hence need not know the contents of the will.
Do I need to appoint an executor? Do I need to seek his/her permission to take on the role?
It is always advisable to appoint an executor of your choice or the court will appoint one for you. The executor, too, should ideally be younger than you and someone from the same city or town for convenience. Any of the beneficiaries could also double as an executor. Oh, and do take the potential executor’s permission before naming him/her as one to avoid any issues in the future.
Write your will today for the sake of your loved ones!