How long a ‘Will’ is valid as per Indian law?
A Will is a legal document used for transferring property to an heir in accordance with the owner's wishes. Under the Indian Succession Act of 1925, the testator creates a legal instrument stating his decision to pass on his property after his death.
After the death of the successor, a property can be dissolved in one of two ways; by a testator's Will or under the law of succession.
When the owner of the property died without leaving a Will, the law of succession applied. The property is distributed equally among the legitimate heirs of the property owner under this law.
To make the Will lawful and valid, you must follow certain procedures.
• To make a Will, the testator must be an adult and of sound mind.
• A Will forged through compulsion or any other form of coercion is null and void.
• Any sort of intoxication renders a person's Will void.
• A Will requires the signature of two or more witnesses who witnessed the testator sign the document.
• If a testator is not in good mental health when making a Will, the will should be declared null and void.
The following are the conditions that should be considered when writing a Will. After you have legally become an adult, you can make a Will at any age. And the person can modify his or her will at any time.
The final Will is the one which is written before the testator's death. A Will is valid for an unlimited period of time. According to Indian law, it shall stay valid as long as the owner does not destroy it.
A Will does not need to be recorded; it can be kept in safe custody or registered with the sub-registrar. The heir can seek probate once the owner passes away. The court Will grant the probate if there are no objections.
A probate is a certificate from the court stating that the Will is authentic. It is required since a Will can only take effect after obtaining probate.