Don’t Write A Will If You Don’t Love Your Family

Do you hate your family? If so, then make sure you don’t make a Will.

We mean it!

Creating a Will should be a priority when you care about your family. A Will safeguards your property and your family’s security after you’re gone. When you die without making a Will, the consequences could be from minor inconveniences to frustrating stress for your family. This legal oversight often leads to delays and conflicts that your loved ones will find quite troublesome as they try to deal with their loss.

When you don’t have a Will, the court takes over its distribution formalities. And that might not be the best outcome. In this blog, we’ll talk about the probabilities of what can happen if you die without a Will, and why using a trusted platform like AasaanWill for Will-drafting services can protect your family’s future.

Your estate falls under the wrong administration

When you have a Will, you can mention an executor or executors who will administer your asset distribution. This executor will be a person you trust and whom you want to be in charge of the instructions in the Will. This essential role prevents your personal wishes from reaching the courts, making the entire proceeding more expedient and efficient. AasaanWill conveniently provides a user-friendly online platform to create legally competent Wills with expert legal review and support, ensuring your instructions are clearly documented, compliant with relevant laws like the Indian Succession Act, 1925, and offering security and flexibility throughout the process.

On the contrary, when you die without a Will, there will be no executor of your choice. And there are high chances for your estate to fall into the wrong hands.

Your kid’s future might be insecure

You can appoint a legal guardian ( aged 18 and above) for your minors or kids in your Will. It’s crucial to nominate a guardian, as without one, the family court may appoint a person as guardian of your children whom you wouldn’t choose. In addition to this, AasaanWill assists you in including effective legal clauses regarding guardianship, which are in accordance with the Guardianship and Wards Act, 1890, and you can set up trusts to manage your children’s inheritance until they reach adulthood. This ensures your children’s interests are protected as per Indian Guardianship laws. 

The same applies to stepchildren. If you wish to provide for your step-kids who don’t have any legal right to inheritance, you can mention it in your Will, safeguarding their future financially.

Without a Will, the family court might appoint a legal guardian for your children you may not agree with. Plus, you cannot be certain if your kids will receive their legal inheritance on time or even at all. 

Your partner could bear the inconvenience

Regardless of living together with your partner for years, they still aren’t legally recognized as your partner. So, when you don’t write a Will, your unmarried partner won’t receive any share in your property. By the use of AasaanWill’s professional Will-drafting service, you can include your unmarried partner or your live-in partner as a beneficiary, ensuring that their legal rights are protected after your demise.

However, writing a Will allows you to leave a fair share of your assets to your unmarried or live-in partner, who can then legally inherit them after you die. If you want to leave your home to them, you can legally do so by writing a Will.

You may be liable for taxes

A Will allows you to appoint a qualified solicitor to look into your tax planning.

Your estate value and who you leave your estate to determine your inheritance tax liability. In India, there is no inheritance tax at present on assets that pass to legal heirs under various laws, such as the Income Tax Act, 1961, but drafting a proper Will is required for tax-efficient estate planning and smooth transfer of assets, especially for complex trusts and properties.

Note: In India, there is no inheritance tax on assets transferred to legal heirs as per current laws, but proper Will drafting helps in tax-efficient estate planning and smooth asset transfer, especially for complex cases involving trusts and properties.

Other ways not having a Will may disturb your family

If you die without writing a Will, here are the probable consequences, other than the ones we’ve already mentioned, that may bring problems to your loved ones.

• In India, pets are considered property according to the law and cannot be direct beneficiaries under a Will. A Will can provide for the appointment of a trusted caretaker to take care of your pet and allocate funds for their future care, so that the pet does get proper support and attention, after your death. 

• Leaving your legacy to charity: When you have a Will, you can mention a charity as a beneficiary to leave a thoughtful gift for the needy. Not only does it honor your beliefs and values, but it may also provide possible tax benefits and aid causes you care about.

• Messages for beneficiaries: Besides stating the beneficiaries to all types of assets in your Will, you can even leave a message to your beneficiaries in your Will as a kind gesture.

Common Questions Readers Have About Writing Wills

Q: Is a Will a legally binding document?

A: A Will is a legally binding document in India if the testator is of legal age (18 years or older), of sound mind, and voluntarily makes a Will. It also must be in writing and signed by the testator and attested by at least two independent witnesses. Professional platforms like AasaanWill help draft Wills that meet these legal requirements and also can clearly and accurately reflect your true intentions.

Q: Can I update the Will after drafting?

A: Yes. You can update the Will any time to reflect major life changes like a marriage, birth of a child, or acquisition of new assets. In terms of law, the updates have to be made in compliance with the formalities, similar to the original Will, i.e., it has to be signed by you and witnessed. AasaanWill provides easy options for amending your Will online, easily and legally.

Q: What will happen if my Will is contested?

A: If your Will is contested, the Court Will investigate the validity of the Will based on legal grounds, which can include undue influence, fraud, mental incapacity, etc. Wills that are prepared by professionals with clear directives and appointed executors will minimize disputes and strengthen your case if it is necessary to litigate your Will.

Bottom Line

A Will ensures that your estate is divided among the right beneficiaries legally and without the interference of the court. When you don’t have a Will, your assets may not fall into the rightful heirs as you wished for. So, if you care for your family, make sure to write a Will at the right time and save your loved ones from the trouble that comes after.

However, making a Will can be challenging if you’re new to estate planning. That’s why we’re here. Reach out to us, and our experts will explain all you need to make your first Will and help you draft a legally valid document tailored to your needs.

AasaanWill Zaroori Hain!