How To Make a Will

In case you own properties and assets, the best time-tested and legally sound practice is to make a will so as to ensure that in the event of your death, your properties get distributed to your near and dear ones according to your likes and preferences. A legally valid will can ensure that your heirs and dependents need not unnecessarily fight for their share of your properties in court after your death.

By making a will, you can allocate your assets to your dear ones in proportion to their needs. For example, if you have a physically handicapped son, you will be able to earmark a much higher share of your properties to him compared to another son, who is hale and healthy, well educated and well settled in life. This would not be possible in the absence of a will, as all the sons, as per law, will have the right to claim equal shares to your property after your death.

In case of a complex family structure (more than one marriage, multiple children born out of multiple wedlock, a disloyal wife eloping with another man, ditching her husband without a legal divorce, etc.), the need for a will becomes all the more important. In the absence of a will, some of the related persons can always legally stake their claims for their share of the property after the death of the person.

In case you are to leave behind minor children, and assuming that they have no surviving parent after your death, relatives with vested interest might want to take the responsibility of being the guardians of the children for the sheer purpose of enjoying your wealth and leave the children in the lurch. By making a will, you can clearly specify who should be the legal guardian.

Suppose you want to repay your indebtedness to your friend who helped you financially without any expectations from you when you started your own business. Suppose you want to donate a piece of land to a charity. By making provisions for these in your will, you will able to make sure that your wishes are fulfilled without heartburn to your heirs.

Assuming that you have kept certain properties and investments intentionally hidden from family members, you can bring them to light and appropriately distribute them through your will.

What are the requirements of a will?

1. You must have crossed 18 years of age: This is a basic condition applicable to the majority of countries and most of the states in the U.S. There may be some permissible deviations here and there in some U.S. states.
2. You must be ‘mentally competent' - i.e. you are quite aware of the purpose of making the will, the extent and details of your properties and the nature of your relationship/association with the persons to whom you are leaving behind your properties. The witnesses signing your will have to stand testimony to your soundness of mental health in the event of any dispute in the future.

   If you foresee any problem of somebody questioning your mental competence, it may be better to get a Doctor's certificate confirming your soundness of mental health and attach it with the will.

3. The will must be in written form and signed: It is essential that the will is written (or typed/word-processed) and signed by you in the presence of 2 witnesses. If you are unlettered, your left hand thumb impression (off an ink pad) must be placed (this is applicable to places and countries where illiteracy is still prevalent). In the worst case scenario, where signing is not possible (like a physical disability), then a signatory, duly authorized by you in the will document, can sign on your behalf.

   A will not made in writing, but recorded as a voice, or captured in a video will not be legally sustainable in the event of a dispute in the future. Video recording of the will being read out from the written document may be helpful as an additional supportive evidence but not as an original document. In some states, videos may not be acceptable as evidence at all.

4. Provide your personal information: The will should carry your name, full address, marital status and occupation.
5. Revoke any old wills: In case this is a Revised Will, state that this is the latest will that revokes any will written earlier.
6. List out properties and their distribution: State clearly about your movable and immovable properties giving necessary identification of each property, its location, Document Number, etc. Earmark clearly as to which is given, bequeathed, gifted to or shared with which persons and in what quantities and proportions.
7. Specify guardians: In case there are minor children, clearly state their guardians and the extent of their rights to the usage of the properties of the minors.
8. Specify executors: In case the will is to be executed under the supervision of executors and trustees, provide their names and other particulars.
9. State your wishes: In case you want to leave some instructions about your funeral/way of disposal of your body, state them clearly. In case you have disinherited a son who should not make a claim to your properties, state the reasons for your action. (Caution: Such acts may still come under the scrutiny of law, in case of a dispute).
10. 2 witnesses should sign: The will must be signed by you in the presence of 2 witnesses, who should be willing to give legal testimony to your having signed the will with mental competence. They are again expected to sign the will in your and the other witness' presence. Their names and addresses must be clearly available in the will. (IMPORTANT: The witnesses should not be part of beneficiaries in the will)

Use the service of a lawyer (though it is not a must) if you feel the issues are complicated and it is better to avoid possible legal complications in future.