Writing a Will is a crucial document that ensures that your assets are going into the right hands when you are not around. If someone passes away without leaving a Will, it is known as intestate. In this case, the property is passed on to his family member as per the succession laws that apply to the person. 

If a person is a Hindu, Buddhist, Jain, or Sikh, their asset distribution is governed under the Hindu Succession Act. If a person is Christian, then the Indian Succession Act will be applicable, and if the person is Muslim, then Muslim Law will be applicable. Accordingly, the assets will be distributed among the legal heirs in the absence of a Will. As an illustration, assuming that Mr. Sharma, a Hindu male, died leaving no Will, in such a case, his wife, two children, and mother will equally share in his assets according to the Hindu Succession Act, regardless of his wishes.

The entire process of succession in cases of intestacy is a very complicated matter and does give rise to family quarrels. The death without a Will leads to uncertainty as to the party who will inherit the property and gives rise to considerable emotional and financial stress. Usually, the cost incurred in the litigation in these cases is a minimum of Rs. 75,000, and the civil matters may occupy the courts for several years, and at times even 10 years or 15 years, before finality is reached. In this period, your family may be faced with considerable financial burden while waiting to get possession of the assets. In a different case, Ms. Fernandes, a Christian, dies without a Will, her property will be shared among her spouse and children under the Indian Succession Act, unless there is a valid Will to the contrary.

Having a Will enables you to deal with your assets, to lessen the burden your family has to undergo in acquiring them. You can legally provide instructions therein as to the distribution of your assets. This is valuable in that it will not only relieve your family of any uncertainties as to the true intentions of the deceased, but the effect of it will be to lessen any unfounded strife or wrangling as to inheritance matters. Though death is so uncertain, a Will guarantees your family mental tranquility and financial security.

Significance of Making a Legal Will in India

Making a legal Will is important to safeguard your estate and ensure that your intentions are carried out. A valid Will enables you to appoint guardians for minor children and make provisions for their financial security. It sets out the distinction between nominees, who are the present holders of the property, and beneficiaries, who are the ultimate takers of the same, so that there is no ambiguity after your death. A Will also gives you control over the disposal of your assets, which is not the case with intestate succession, where the law dictates equal sharing among all Class I heirs, like wife, children, mother, irrespective of one's personal wishes.

What Happens to Your Assets If There Is No Will? Common Questions Answered

Q: Who Owns My Property If I Die Intestate?

A: The distribution depends upon the personal laws based on your religion. Hindus, Buddhists, Sikhs, and Jains abide by the Hindu Succession Act, Christian Indian Succession Act, and Muslims adhere to the Sharia law. These assets are usually handed over to the close family members, such as spouse, children, and parents, as stipulated by these laws.

Q: Are all assets inherited equally without a Will?

A: Under the absence of the Will, most of the self-acquired assets are divided equally between Class 1 heirs. Nevertheless, certain assets, such as those in irrevocable trusts, life insurance with named beneficiaries, and payable-on-death bank accounts, are transferred directly to nominees and do not pass on intestate succession.

Q: Can intestate inheritance cause family disputes?

A: Indeed, the absence of certain guidelines can lead to numerous family conflicts because the relatives might disagree on the distributions or on being the heirs in the Will, and ultimately result in long and expensive litigation in the courtroom.

Legal Essentials for a Valid Will in India

To ensure your Will is legally valid and enforceable under the Indian Succession Act, 1925, the following conditions must be met:

• The testator must be at least 18 years old and of sound mind.

• The Will must be in writing and signed by the testator or an authorized person in their presence.

• The signature must be made in the presence of two independent witnesses who also sign, and these witnesses should not be beneficiaries.

• The Will must be made voluntarily, without coercion, fraud, or undue influence.

• Registration is optional but recommended to add legal validity and minimize disputes.

• The testator can revoke or amend the Will anytime, either by drafting a new Will or adding a codicil for minor changes.

Following these essentials ensures your Will reflects your true intentions and is legally protected. AasaanWill help guide you through this process seamlessly.

How AasaanWill Makes Will Making Easy

Making a Will can feel like a complex task, but we at AasaanWill make this process easy and friendly. You can complete your Will form in just 20–25 minutes. On the submission of this form, our team drafts the Will and sends it to your email for your consideration. You can ask for changes before the Will is finalized. A Will becomes legally valid after you sign it in the presence of two witnesses who also sign at the same place. Additionally, we also provide help in respect of getting the Will notarized or registered if the same is required, which gives extra authenticity and security to the Will.

So start your Will journey by clicking here. 

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