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Drafting a Valid WILL

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It is important to note that though writing a WILL is important but writing a Valid WILL is more important to make it an undisputable document, otherwise the whole purpose would be lost. For e.g. if a person prepares a WILL but does not actually execute it by signing it and also getting two witnesses to sign it as well, then the situation is as if there's no WILL and assets will be distributed among the legal heir(s) as per the provisions of the prevailing law. Some important points to keep in mind while writing a WILL:

  1. A testator must draw up his WILL with full freedom, devoid of any pressure and coercion. Also preparation and execution of WILL must be done with a sound mind. Therefore, it is advisable to state in the preamble that he/she is of the sound mind and that the WILL is being prepared without any persuasion or coercion.
  2. A WILL may be made on stamp paper or plain paper. It is not necessary to register a WILL; however it is advisable to do so.
  3. It is recommended to mention all the assets owned by the testator and clear cut direction on who gets what. He/she may also write as to how will future assets if any will get distributed.
  4. It is advisable to nominate accordingly in your financial assets for easy transfer.
  5. To make WILL a Valid document at least two persons must sign the WILL as witnesses.
  6. If this is your second WILL then you should mention the details of your previous WILL into it as this will Supersede the previous one. Alternatively if you want to modify some part of your previous will then you may use Codicils.

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