Frequently Asked Questions

Will Writing Process

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Frequently Asked Questions Will Writing Process

1. What is a Will?
A Will is a document, considered as a legal declaration of the intention of a
Testator about the distribution / disposal of his possessions / assets / properties
etc. after his death. The Will would specifically have details of all considerations
that the Testator has in mind, to carry out his wish in this regard, after his death.
2. Who can write a Will?

A person who has assets and desire those assets to be inherited by certain
specific persons, can write a will;
He / She should be a Major i.e. 18 years of age or more;
Should have a sound disposing mind; &
Should not otherwise be debarred from making a Will by any competent
authority.

3. Why should anyone write a Will?

A Will is the best way for you to ensure the distribution of your assets to the
beneficiaries, whom you desire the assets to be given, including the extent
thereof.
It is not about the value of assets you have, it is to ensure that your assets are
passed on to your next generation / beneficiaries hassle free.
A Will can also be used to appoint a guardian to look after children until they
attain maturity or age of 18 years. In case the child / children is / are
mentally unstable, the guardian needs to be appointed even if the child /
children is / are above 18 years of age.
A Will also allows you to choose a person to manage the distribution of your
assets. This person is called the Executor.
A Will eliminates / reduces the intervention of judicial process / third party
intervention for the distribution of the assets upon the demise of the
Testator.

4. What if one dies without making a Will?

If one dies without making a Will, then he is called as have died Intestate i.e.
without leaving behind a Will. In this case his estate will be distributed amongst
the family members as per the personal / state law of the deceased intestate. In
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this process, all the legal heirs may get a share in the assets of the deceased,
without any regard to the real intentions of the deceased about including or
excluding any of the family members or friends.
A Will obstructs the natural flow of succession so that assets are inherited as per
the wishes of the person (Testator).
5. What are the characteristics of a Will and its requirements?
The Will document should have:

All necessary identifiers of the Testator should be mentioned in the Will. This
includes but not limited to Name, Age, Religion, Address etc.
A declaration made by Testator to the effect that the present Will is his / her
last Will and all other earlier Wills and Codicils are hereby revoked.
Clear information about who are the beneficiaries and what is their
relationship with the Testator as well as what assets will be given in what
proportion to which beneficiary.
Specific special clauses which will make a specific beneficiary eligible or noneligible to inherit the share of the assets of the person (Testator) and
conditions, qualifications for the same.
Mention about the Will to take effect after the death of the Testator and if
necessary, also mention about who will be responsible for the execution of
the Will (Executors name).
A Will must be attested by minimum two persons as witnesses who shall put
their signatures in presence of the Testator and the Testator should sign the
Will in the presence of the witnesses. Beneficiaries cannot be the witness.

In addition to the above,

Will can be modified or altered at any time and any number of times by the
Testator during his life time.
Will is revocable during the lifetime of the Testator. As long as a Testator is
living, he may, at any moment, cancel his Will and make a totally different
disposition of his properties.

6. Who are the parties to a Will?

Testator is the person who declares his wish in the Will regarding the
disposal of his properties after his demise.
Executor/s is / are appointed by the Testator, to ensure that the assets are
distributed as desired by him / her in the Will. (Optional)

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Beneficiary/ies is / are the person/s to whom the benefits are passed

through the Will.
Witnesses 02 (Two)

7. What all assets can be covered under the Will?

All movable as well as immovable assets including Real Estate, Fixed Deposits,
Money in Bank Account(s) Securities, Bonds, proceedings of Insurance Policies,
Retirement benefits, Art, precious metals (Gold, Silver etc.), Brands, Goodwill,
digital assets (photographs, sketches, blogs, websites, email accounts such as
gmail, yahoo etc. and with social websites such as Facebook, Twitter etc.) and
Intellectual Property Rights etc. including what they are and the method and
manner of their storage, can be covered under the Will. In short, any assets that
the Testator has in his ownership, at the time of his death can be included and
distributed as per the desire of the person.
8. Who all can be included as beneficiaries to the Will?
All the Testators loved ones who may include the Testators spouse, children,
step-children, parents, grandparents, grandchildren, friends, relatives and / or
any institution like School/s, Temple/s, Community Trust/s, Charitable Trust/s,
etc. to whom the Testator wishes to pass on any benefit can be included as the
beneficiary/ies in the Will document.
9. There are a few assets which are jointly held by me and my spouse. What
should I do in that case?
Only to the extent of your share in the joint holding of the assets with any other
person can be distributed by you in your Will.
10. What happens if one does not sign the Will?
Unless a Will is signed, it is not a legally valid document. A Will Document which
is not signed is as good as no Will at all.
11. If one has already done the nomination for his assets, is he still required to
write Will?
A Nominee is a Trustee (or custodian) as per law. Nominee is entitled to receive
the assets of the deceased. While in case of securities, the property vests in the
Nominee in terms of the provisions of the Companies Act, in case of other assets the
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Nominee may or may not be the Beneficiary. To avoid disputes, it is advisable to

write a Will in order to make a comprehensive note of all the assets as well as
providing a clear indication about allocation of assets to the beneficiaries. It
reduces the hassle of paper work for beneficiaries / legal heirs and avoids the
instance of any future dispute over the assets. It is also advisable to make
nomination of securities in accordance with the Will document. Both, Nomination and
Will are very important. Transfer of assets to the Nominee gives discharge to the
creditor / custodian. For e.g.: in the case of a Bank where it is the creditor /
custodian of fixed deposits made by the Testator, upon release of the FD to the
Nominee, the Bank shall stand discharged.
12. What is a Trust created by Will?
One can bequeath the assets upon his demise to a private or a charitable Trust
under the Will. A Trust goes into action and commissions its activities upon the
demise of a person. A Trust can be set up for the benefit of family members or
such persons who the Testator desires to include as the beneficiaries. This is
considered as a good way to address succession related issues on long term
basis for the next generation.
13. Can one exclude his immediate family member/s from the list of
beneficiary/ies?
One can exclude his immediate family members from being the beneficiary/ies
in the self acquired assets. However, in case of inherited asset/s, the rights of the
family members who are legal heirs shall prevail and the Testator has to abide
by the law dictating such rights.
14. Who is a contingent beneficiary/ies? Is it mandatory to list contingent
beneficiaries?
Contingent beneficiary/ies is an individual / entity who will receive the share in
the estate if the primary beneficiary/ies does not survive the Testator. If
contingent beneficiaries are not defined, the share of deceased primary
beneficiary/ies will be distributed as per personal / State laws.
15. Who can be a witness to the Will?
Witness to the Will can be anyone who is / are above 18 years of age and of
sound mind and capable to enter into a Contract. It is recommended that the
beneficiary/ies should not be the witness to the Will.
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16. How many witnesses are required?

There should be minimum 02 (Two) witnesses to the Will.
17. Do I need to sign my Will in front of the doctor?
No. However, it is advised that you attach a fitness certificate from your family
doctor along with the Will attesting the soundness of mind.
18. Is Will required to be printed on a stamp paper?
No; the Will can be written on plain paper of any convenient size. It is also not
necessary that Will has to be written on legal size paper. In addition, the Will can
be hand written and is not necessary to be in typed form. However, for clear
legibility and avoid any ambiguity arising due to hand writing, typing in a font
size which is naturally readable, is recommended.
19. What are the options available to ensure that the Will is not disputed?
Where you think that the Will written by you is likely to be challenged by any
person, the Testator may like to exercise the following additional precautions:
A Will should be prepared through a trusted Advisor.
The Will is witnessed by 2 (two) witnesses as per law.
The choice of the witnesses should be good and credible.
Process of the writing, executing and witnessing the Will is duly video
graphed. A video recording of the Will is admissible by way of evidence.
The Will may be registered with the Sub-Registrar of Assurances.
20. What is the legal status of the nominee under the law?
A Nominee is the custodian of the assets belonging to the deceased. Wherever a
nominee is appointed, assets of the deceased go in the hands of the nominee. A
nominee may or may not be the beneficiary and this can be determined by what
is mentioned in the Will. Any creditor or custodian who handovers / transfers
the assets to the Nominee is legally discharged of the obligations. Lack of this
information can often lead to legal disputes which can be avoided by executing a
Will.
Please ensure that for your Bank Accounts, Fixed Deposits Shares, Demat
Accounts, Provident Fund, Mutual Funds, you have taken appropriate steps to
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appoint nominee(s). If the nominee(s) is / are not appointed, upon the demise of
the person, several legal complications may arise. Moreover, the beneficiaries
will be compelled to obtain Succession Certificate / Probate from the Court,
which is a time consuming and expensive exercise.
As an exception to the above, the nominee of the Shares shall, upon demise of the
original owner, have complete rights to own the Shares in his own name to the
exclusion of all, including the beneficiary named for those Shares under a Will.
Please ensure that the nomination for those Shares is done keeping the above
exception in mind.
21. Can the Testator bequeath / mention the ancestral Immovable Properties
(Assets) situated in India?
The Testator should not bequeath / mention any ancestral property / assets not
owned by him, unless such property or a share in such property has devolved
upon him / come to his possession legally by following due process of law.
22. Can the Testator bequeath / mention the Immovable Properties (Assets)
situated outside India?
No, Testator cannot bequeath / mention the details of the Immovable properties
(assets) held outside India. The properties held and owned outside India are
governed by the laws of that country where the property is situated and hence, it
is advisable to prepare a separate Will for the assets held outside India in
accordance with the laws applicable in that country.
23. Who can be appointed as an Executor to a Will?
Anyone who is / are above 18 years of age and of sound mind and capable to
enter into a Contract, can be appointed as an Executor/s to the Will. One can
appoint multiple Executors, one as a primary executor and others as alternate
executors.
The Testator has the option to appoint any of his relatives or friends as Executor
and mention it in the Will Document.
If the Testator chooses to appoint a professional agency as an Executor, these
services are separately availed and paid for as per the terms of the agency who is
appointed as an Executor. Warmond Trustees and Executors Private Limited
also accept Executorship. For this purpose, you are requested to send an email to
Mr. Nikhil Mudbhatkal nikhil_mudbhatkal@warmond.co.in.

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24. What are the Advantages of appointing WARMOND TRUSTEES AND

EXECUTORS PRIVATE LIMITED as an Executor?
It is a common problem as to who should be given the custody of the Will so that
someone may take the required action to handle and distribute the estate to the
beneficiaries. There are several cases where Will is found in lockers and a great
deal of time is lost in even locating the Will upon the demise of the person.
Professional Executor can keep the custody of the Will and take the desired
actions at the right time.
Professional Executor will have strong legal expertise and can act on your behalf
to administer your Will in an independent, efficient and professional manner.
We gather all the information required to facilitate in identifying and gathering
all your assets and administering your estate as per your Will, thereby assisting
your family and making the process less stressful for them. Process can be fairly
cumbersome and it is important to go with an institution that will be able to
guide through these trying times and regulatory framework. Dealing with an
institution also ensures longevity and continuity.
25. Can WARMOND TRUSTEES AND EXECUTORS PRIVATE LIMITED act as the
Executor as well as assist to prepare Will?
The Will request made through the EzeeWill portal is processed and Will is
prepared by a lawyer from the expert lawyer panel of Warmond. In addition,
Warmond also provides the services of Executor on a professional basis.
26. What all activities WARMOND can do other than helping in making the
will?

Act as an Executor
Keeping safe custody of the Will
Identifying assets of the deceased
Applying for and obtaining the Probate, Letters of Administration
Act as a Trustee
o Paying debt, duties and expenses
o Assist in preparing tax returns
o Assist in protecting business interests
o Collecting any monies due

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27. Is it mandatory to register the Will? What is the stamp duty payable on
Registration of the Will?
Registration of a Will is not mandatory. However, it is advisable to register the
Will at the Sub Registrar office to add to its authenticity.
There is no stamp duty payable on Registration of the Will. However, applicable
registration charges have to be paid, in addition to any legal services fees for
registration of the Will document.
Warmond provides the services towards registration of a Will. This service is
separately charged. If you wish to avail of these services, you are requested to
send an email to Mr. Nikhil Mudbhatkal nikhil_mudbhatkal@warmond.co.in.
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Smiling Family
With you and after you

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Definitions Common Terms associated with the Will writing process

1.

Intestate:
A person who dies without leaving a Will is said to have died intestate; as per the
applicable personal law of the deceased, all his legal heirs, are entitled to the assets
of the deceased.

2.

Testator:
A person who makes and executes a Will is called the Testator.

3.

Testatrix:
A female who has made a Will is referred to as a Testatrix. For the purpose of this
FAQ, a common word Testator is used.

4.

Will / Testament:
A written statement of Testators wishes providing for the disposition of his / her
property after his / her demise.

5.

Immovable Property:
Immovable Property shall include land, benefits arising out of land, and things attached
to the earth, or permanently fastened to anything attached to the earth.

6.

Movable Property:
Movable Property shall mean property of every description, except immovable property.

7.

Beneficiary:
A person, who is entitled to the asset under a Will is called a beneficiary. Any
person can be a beneficiary, including a Charitable organization or even a public or a
private Trust.

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8.

Minor:
(i) any person, subject to the Indian Majority Act (Section 9), 1875 who has not attained
his majority within the meaning of that Act, and any other person who has not completed
the age of eighteen years;
(ii) a person who person or property, or both, a guardian under the Code of Civil
Procedure, 1908 has been declared or appointed, then he shall be deemed to have attained
his majority on completion of his age of 21 years and not before;
(iii) and minority means the status of any such person.

9.

Attestation of / attesting a Will:

Attestation means signing a document for the purpose of testifying the signature of the
Testator.

10.

Witness:
Witness is the person(s) in whose presence the Testator signs or affixes his mark on
the Will and the said person(s) affixes his / her sign / mark on the Will.

11.

Executor:
A person, who is appointed to look after, administrate and distribute the assets of
the Testator, upon his demise, is called an Executor.

12.

Incapacity:
Incapacity means disability caused by physical or mental deterioration resulting in
the individual being unable to manage his / her own affairs or to understand the
nature or consequences of his / her actions. Incapacity also means any legal
incapacity of a person under the law of the domicile or of the habitual residence or
of the place of incorporation of that person whether deriving from age or otherwise,
as is a minor.

13.

Probate:
It is a process to establish that a Will is valid. It is understood as an order given by
the Honble Court, certifying the Will as valid.

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14.

Letters of Administration:
A letter of administration is an order granted by the Court to a person appointed to
settle deceased persons affairs in accordance with a Will where the Testator has
failed to appoint an Executor under a Will or where the Executor is appointed under
a Will refuses to act or has died before or after proving the Will but before
administration of the estate or in case of intestacy.

15.

Codicil:
A codicil is a document that is executed by a person who had previously made his or
her Will, to modify, delete, qualify, or revoke provisions contained in it. A Codicil is a
part of the existing Will similar to an addendum but is not a new Will.

16.

Succession Certificate:
An Order issued by an Honble Court certifying the person(s) entitled to the estate of
a deceased person and extent thereof.

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