A Will is a legal declaration by a person of his/her intention and desire of how his/her asset is to be dealt with or disposed of after the person's death. A Will can be changed at any time or withdrawn during the lifetime of the person making the Will (even if it is registered).

• In the absence of a Will, your asset may go to someone who you did not expect or want it to go to.
• If you have minor children, then under a Will you can appoint a Guardian who will take care of your children in the event of your (and your spouse's) death. If you (and your spouse) die without a will, then the court appoints a Guardian, who you may not have wanted.
• If you have minor children, then under a Will you can appoint a Trustee who will take care of your assets in the event of your (and your spouse's death) until your children grow up. If you (and your spouse) die without a will, then the court appoints a Trustee (Administrator), who you may not have wanted.
• Under a Will, you can decide who will be the Executor or the person who will oversee the disposal of your assets after your death. In the absence of a Will, the court appoints an Administrator, who you may not have wanted.
• You can name Alternate Beneficiaries in your Will in the event the main Beneficiary also dies with or before you.
• It is easier to make a Transmission (ie similar to Transfer) of your asset if you have a Will.
• Having a proper Will may avoid disputes between persons who claim a right to your asset.
• It is possible to give your share of the coparcenary asset through a Will, which would otherwise go to the other members of the coparcenary, including your children.

A Codicil is a document made in relation to a Will, which explains, alters or adds to what is in the Will. A Codicil is an extention of the Will and forms a part it. There may be one or many Codicils, if the person making the Will has several revisions over time. Suggestion - If there are major changes to the Will, then instead of a Codicil, you should make a new Will (and revoking/nullifying all earlier Wills and Codicils).

Nominate is to propose someone to be your agent or trustee. A person that you nominate is called a nominee. A nominee is an agent or a trustee and not a legal heir (ie legatee) or a beneficiary of that asset. In the event of your death, your assets may be transferred to the nominee for distribution to the legal heir. A legal heir is the eventual owner/beneficiary of that asset and is determined by laws of succession (if you don’t have a Will) or by your Will. The Mumbai High Court has ruled that in case of demat accounts, a nominee is the beneficial owner. For all the above reasons, it is a good practice to have a Will and to have the legatee and nominee as the same person.

You should be at least 18 years of age and of sound mind in order to prepare a Will. The Will itself must have directions (without you being forced to give these) for disposal of your asset upon your death. The Will must be signed by you in the presence of at least two witnesses who must also sign as witnesses. (There are certain exceptions for certain religions.)

A Will can be revoked, changed or altered by the testator at any time when he is competent (essentially of sound mind) to make a Will. A person can revoke, change or alter his Will by executing a new Will, revoking the earlier Will, registering the new Will (if the old Will is registered), destroying the old original Will or by making a Codicil. On the marriage of an Indian Christian or Parsi testator, his/her Will stands revoked. This does not apply to Muslims, Hindus, Buddhists, Jains and Sikhs.

• Possible lack of privacy, if you register your will.
• Where circumstances change after preparing the Will but the Will has not been updated to reflect these changes. In case you die before updating the Will, asset may pass in a manner that you would not have intended, given the changed circumstances.

No, it does not.

No, it does not.

No, it does not.

Wills that are made by persons other than soldiers and airmen employed in an expedition or engaged in actual warfare and mariners being at sea. In general, if you are not in the armed forces, your Will will be an Unprivileged Will. An unprivileged will has to comply with certain formalities to be complete. Indian Will Maker guides you on these formalities.

A Medical Directive is also sometimes called a Living Will. It is a set of written instructions given by a person that specifies what actions should or should not be taken about their health if they are no longer able to make those decisions on their own due to illness or incapacity. For example, you could choose not to receive life-sustaining treatment (other than painkillers) in the event of a severe irreversible brain injury. A Medical Directive is not strictly and specifically covered under Indian law and hence it may not be enforceable. In addition to a Medical Directive, A Living Will also sometimes includes instructions about organ donations and other end of life arrangements (ie cremation, funeral etc).