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10 facts about a will you must know


1. Who can make a will: Any person of sound mind, who is not a minor, can make a will.

2. Who can be a legatee: A legatee is the principal beneficiary or inheritor. A minor, a corporation and other juristic person can be a legatee. If the minor has been named as legatee by a testator, then a guardian should be appointed by the testator to manage the bequeathed property. One can make some provision for a faithful servant, a nurse or a friend in need of money.

3. Ensure it is error-free: A valid will should clearly spell out the name of the testator, without any error in initials, spellings or any grammatical mistake, thus, leaving no scope for any interpretation.

4. Right to appoint a legatee: The testator has an absolute right to appoint any person as a legatee or beneficiary of a will.

5. Takes effect after death: A will becomes enforceable only after the death of the testator. It gives absolutely no rights to the legatee (the person who inherits) until the death of the testator.

6. Codicil: If a testator intends to make a few changes to the will, without changing the entire will, he can do so by making a codicil to the will.

7. Declaration of ‘last will’: There is no restriction on how many times a will can be made by a testator. However, only the last will made before his death is enforceable.

8. Full disclosure: To ensure that your will is not challenged in a court because of discrepancies, it is advisable to declare all moveable and immovable properties in the legal instrument.

9. Attestation: The testator must sign the will in the presence of at least two independent witnesses, who have to certify that the testator signed the will in their presence.

10. Registration: Although it is not mandatory for a testator to register his will, it is advisable to do so.


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