Writing a will is not as easy as it seems. People often think that simply writing down the distribution of assets on paper is enough, but this is not true. In reality, small mistakes such as missing signatures, witness errors, or unclear language can turn a will into a dispute.
As a result, the family has to spend years in court. Therefore, if you are preparing a will for your estate, understand every legal process before proceeding, so that your family does not face difficulties after your demise.
Making a will is an important step towards ensuring the fair and peaceful distribution of one’s estate, but even small mistakes can lead to disputes and court cases.
According to legal experts, a will should be written clearly and without any ambiguity, and it should be prepared in accordance with Section 63 of the Indian Succession Act, 1925. Under this, the will writer (testator) should sign it in the presence of two independent witnesses, and both the witnesses should also sign it. If any of these processes are incomplete, the will can be challenged in court.
Obtaining a medical fitness certificate when making a will and recording a short video while signing helps prove that the person writing the will was fully conscious and not under any duress.
It’s also important to update your will periodically, especially after major events like marriage, divorce, the birth of a child, or the purchase of new property. Unclear language, lack of witnesses, failure to appoint guardians for minor children, and forgetting to mention digital assets are all common mistakes that weaken a will.
Additionally, while it is not mandatory to register a will, failure to do so may raise questions about its validity later. Most importantly, the will and the distribution of property should be discussed openly with the family to avoid future disputes and ensure that the property is distributed according to the person’s intentions.
