7 Surprising Facts About Wills That You Probably Didn't Know

Many Indians are not familiar with Wills. Approximately 57% of Indians do not have a Will primarily because some of them are not aware of its existence, and many are ignorant of its significance. But worry not! You can safeguard your family’s future by using proper Will drafting services and fulfilling all your wishes legally clear and enforceable manner. That explains why professional Will-drafting services such as AasaanWill are increasing in their popularity day by day.

Preparing a Will is a very intimidating task, and it is prudent to know what to do and what to avoid before getting yourself into it, to avoid making mistakes which may render your Will invalid or lead to a dispute. Read through every one of them to gather some new insights about the essentials of Will-drafting services.

1. Digital Signatures are still not valid for Wills in India

Yes, you are correct. E-signatures have been legally valid in India for 18 years through the IT Act, 2000, and carry the same legal status as handwritten signatures. But e-signatures cannot be executed for all documents. Some documents, such as notaries, Wills, or documents requiring registration, require physical handwritten signatures. Will or other documents are rendered legally invalid without a handwritten signature. Professional services engaged in drafting a Will, such as AasaanWill, guarantee that there is no chance of these important legal requirements ever being missed, and so you have no fears about the invalidation of your Will.

2. You can appoint a guardian for minor kids in your Will

Life is uncertain, and all parents should consider what the future holds for their children. If both parents die, a well-drafted Will can clearly name and nominate a legal guardian, ensuring your children’s care, avoiding any uncertainty, and not making it a matter for the court. In the absence of a Will, a guardian will be appointed by the court, which could lead to disputes and possible trauma to the children. For example, a couple who unfortunately died without a Will left the guardianship of their minor children to be settled through the courts, causing family squabbles and distress. You don’t want that!, So by clearly stating your intentions in a legally valid Will drawn through Will-drafting services, such issues can be happily avoided.

3. If your divorce is still in process, your spouse is still your legal heir

Your matrimonial tie is still legal and valid until you obtain a formal decree of divorce under the provisions of the Hindu Marriage Act. Section 13B of this act allows for divorce by mutual consent, but Section 13B(2) states the divorce is effective only from the date when the decree is granted. Thus, your spouses on the verge of separation must carefully rewrite their Wills with a view to putting down their existing intentions clearly. Failing to do this, it may happen that, deliberately or unintentionally, an estranged spouse may acquire rights of inheritance.

4. You can’t leave your assets to an animal in India

Loved the movie Entertainment? Of course, you do. The Retriever grabs all your attention. But in case of technicality, it’s not quite true - you cannot leave your properties in the name of your pet in India. The laws in India make it very clear that property, or wealth, cannot be left directly to the animal beings. However, you can include provisions in your Will to appoint a caretaker for them and allocate sufficient funds for their welfare after your demise. 

5. You can donate to charity through Will to continue the legacy of the Joy of giving

It is entirely legal and increasingly common in India to give part of one's estate to charitable organizations through one's Will, with full estate planning options. There is a right to donate property or funds to registered charitable institutions or even specify the cause in a Will. However, to ensure your charitable intentions are fulfilled, the charity, the registration details, the purpose of the donation, and any conditions thereon should be clearly mentioned in the Will. Professional Will-drafting services guide you in the proper form of states and requirements so that the charitable legacy is in a legal form that is enforceable.

6. It is not mandatory to register or notarise your Will in India

Indian law does not require a Will to be registered or notarized for it to be valid. Under Section 17 of the Registration Act, 1908, and Section 18(e) of that Act, the registration of a Will is optional and depends upon the wishes of the testator. Registration only serves as evidence that all parties appeared before the Registrar, who ascertained their identification, and a registered Will is kept safe against possible fraudulent use. However, an unregistered Will is valid, and notarization is not required for its execution. In India, online Will-drafting platforms like AasaanWill tend to assist their clients in deciding on the advantages of registering their Wills, to make an informed decision on estate planning that best fits their asset base.

7. You can also distribute your digital assets through Will

Did you know that through your Will, you can pass not only your physical possessions and business but also your digital assets? These include cryptocurrency, online accounts, and digital media libraries. Transferable digital assets typically cover cryptocurrency wallets, PayPal balances, online store accounts like Amazon or Etsy, and monetized content. However, Indian laws do not yet explicitly recognize digital assets as inheritable property, and access often relies on service terms or prior estate planning. Non-transferable items like Netflix or Spotify subscriptions usually cannot be inherited. For example, owning a cryptocurrency wallet or online business requires a properly drafted Will that clearly identifies beneficiaries and provides access to instructions—an important service offered by professional Will-drafting services like AasaanWill.

Frequently Asked Questions on Will Drafting in India

Q: Is it necessary to register a Will?

A: No, a Will does not need registration in all cases. The Indian Succession Act, 1925, says that an unregistered Will is valid if it is properly executed with the signature of the testator and attested by two witnesses. However, registration is recommended in certain property cases as it adds legal authenticity, safeguards against disputes, and provides government custody of the Will document.

Q: Can I update or revoke my Will later?

A: Yes, a Will can be modified or revoked anytime while you are alive and of sound mind. You can either create a new Will that expressly revokes previous ones, or make a codicil to update specific parts. Both must be duly signed and witnessed according to the Indian Succession Act to be valid.

Q: Do I need a lawyer to write a Will?

A: No, you do not have to hire a lawyer to write a Will. Nevertheless, the professional platforms for Will-drafting, such as AasaanWill, are going to assist in ensuring your Will is prepared within the confines of Indian laws, correctly composed, and in accordance with testamentary competence and witnessing regulations, which means that the chances of getting into a dispute or facing a challenge post-mortem are reduced to a minimum.

Common Mistakes to Watch Out For

• Failing to update your Will after significant life changes.

• Not including your digital or jointly owned assets.

• Not clearly appointing an Executor.

• Using vague or ambiguous wording and language.

Drafting a Will may seem simple, but small mistakes can cause major problems. For instance, Mr. Anand failed to include his cryptocurrency holdings and did not appoint an Executor, leading to delays and disputes over his digital assets after his death. Using a trusted Will-drafting platform like AasaanWill can help avoid such pitfalls by ensuring your Will is complete and in good legal order.

Trustworthy platforms like AasaanWill provide templates, checklists, and expert guidance to help you avoid these common mistakes and pitfalls.

Need help preparing your Will?

Call us, and our team will help you out throughout the process of drafting your Will. What’s more? You need not move an inch from your home. We bring everything to your doorstep. Contact us now!

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