An individual has the right to draft a will themselves and state their intention and wishes regarding the division of the property or assets that they have acquired or owned during their lifetime. This way gives them a chance to show gratitude to their loved ones and transfer ownership of their assets.
What is a Will?
- A will is a legal instrument by means by which a person can transfer the ownership of their property or assets.
- They mention the names of beneficiaries in a will who become the rightful owners of the concerned property after the owner’s death.
- The person who executes the will voluntarily is known as the “Testator.” They write a will by hand or take a printout from a draft/ specimen available online or take legal consultation for drafting a proper will.
- Generally, a person can choose to know how to make a will without a lawyer. They can use drafts and add their terms and clauses for each part as needed. A legal expert helps draft a will, but someone still may want to do it themselves if they know how to make a will without a lawyer.
- A valid will has many aspects and criteria which a lawyer can assist with if one hires a legal expert to draft a will in India. There are many complications and necessary information that is to be furnished when knowing how to make a will without a lawyer.
Methods on how to make a Will without a Lawyer
- Through online services (paid): A will must be able to be accepted in terms of legal congeries, and a lawyer can make it faster by reviewing and finalizing the draft. The individual can opt for online agents service who are Will service providers. These are similar organizations that also provide agency services for estate planning, property Trust issues, and LLCs. They also draft a will for people who wish to avail of their services. Any other paperwork can be done through this medium as the agents also have the basic knowledge of how to make a will without a lawyer.
- Hiring a lawyer or attorney: The best way to execute a will is by hiring a lawyer or attorney who is apt in similar cases and will complete it effectively and promptly. The individual seeking legal help may also know how to make a will without a lawyer but wants legal advice and professionalism in their matter. Such a type of commitment can be expensive and lengthy in comparison to any other alternative of this sort.
- Template or sample from the web: There are hundreds of samples and templates available on the internet claiming that a person can know how to make a will without a lawyer in minutes. However, it’s still complex in many scenarios. A general idea is transferred through instruction, draft, and other guidance, but complicated issues are not handled or solved through it. One must avail of a professional paid service to solve their queries after knowing how to make a will without a lawyer.
The person might understand how to make a will without a lawyer, but doing it is not based on that knowledge only. The legal terminology is necessary for drafting a valid will.
The legal provisions as per the state or region are considered before drafting a will, and it should also be learned while learning how to make a will without a lawyer. The criteria and requirements are to be fulfilled as per the instructions and government regulations.
How to make a Will without a lawyer?
If an individual knows how to make a will without a lawyer and does not require legal assistance, they still have to consider certain legal factors which make a will valid and valuable. These are as follows:
- Choose the method of drafting; it can be online or offline, whichever is convenient for the testator. There are several options available in both cases, which the person can use to learn and understand how to make a will without a lawyer.
- The process should adhere to legal regulations and rules, which will ultimately make it legally valid and binding. They must fulfill the criteria as deciphered by the law.
- The testator will have to declare that this is made voluntarily and it is their final will.
- The testator who has learned how to make a will without a lawyer will include their full legal name, address, or any other information needed to make it valid.
- The testator should know how to make a will without a lawyer and must mention that they are of sound mind and that the will is not made under any due influence or duress. They can take legal consultation to mention and state whatever clause is necessary to mention.
- The testator will have to choose a guardian if they have children who are under 18(minor) and they are unable to make decisions or legally enter or sign documents. The guardian will have to take care of the minor children, make decisions for them and help them when needed.
- The assets and belongings will be mentioned explicitly in the will. The testator has to state which property is given to whom. The name of the beneficiaries is to be clearly stated with their address and any other relevant information.
- The person can also choose a residuary recipient who will receive what others have not received or claimed. It generally is a charity or trust/foundation.
- The testator who knows how to make a will without a lawyer may also state what will happen to their pets after their demise. The will has the name of the people who will keep and care for their pets.
- The executor’s name is mentioned by the person who knows how to make a will without a lawyer, as they are necessary for the rightful distribution of the assets without complications.
- The testator can opt for will registration as per their wish, as this makes it legally binding and valid. The government states that will registration is not mandatory but is beneficial to the beneficiaries and the testator.
The last step is signing the will in the presence of two witnesses who will also attest to the documents. This makes it valid, and it’s a necessary step when drafting a will.
The testator can draft a will without assistance, but a legal professional can always review and correct the draft for any errors and mistakes. One must consult a lawyer for the same.