One of the key responsibilities of becoming a parent is ensuring that your child is financially secure in the early years of their life, until they’re adults and on their way to being economically independent. Part of that responsibility involves drafting a will. Now this may not be as much fun as shopping for your infant, or even planning their diet and vacation chart, but it is practical and necessary, and important for your own peace of mind.
“Many young people in India in their 20s and 30s do not make a will, firstly because they don’t think they are at great risk of dying, and secondly because they are superstitious about it,” says Nagpur-based lawyer Valmiki Harsh. “However, if you have assets that you would like to safeguard for your child, it is important to create a will, no matter how young you are. This will help in the sad, rare, and unwanted possibility that you were to die before your child has the legal wherewithal to earn their own money or inherit what is due to them. Not only this, but it can avoid lengthy court battles and conflicts. Make sure that your will is up to date, and keep reviewing and amending it, if either your assets or intentions change.”
Inheritance laws are complex and vary from religion to religion, especially in the case of family and ancestral properties. The self-acquired cash and property of parents, on the other hand, can be willed to any beneficiary as they deem fit. However, in the eventuality that you die intestate (without a will), along with your children, your spouse or mother could also be beneficiaries and in line to inherit equal shares. Hence, this means that you shouldn’t get careless and avoid making one. The property of minor children will have to be managed by a legal guardian until such time that they become adults and can manage it themselves. Adoptive children have the same rights as biological children, as do children born out of a live-in relationship.
“The first and most basic point of a will is to state how you want your property and finances to be divided or allotted upon your death,” says law student Vidya C Pandurangan. “This makes your intent clear; who are your beneficiaries and what proportion do they get? The next important point is guardianship. Parents are the natural guardians of children as long as they’re alive. But if both die, a trustworthy person will have to take over legal guardianship of your child, managing not only their finances but also their welfare until they turn 18.
“The legal guardian takes over if your child is a minor and if your husband has predeceased you, or if you want to make provision for the eventuality that he dies after you, but your child is still a minor. If you don’t make this provision, the court will appoint a guardian on their own, so it is preferable that you make the decision yourself. Usually, grandparents, aunts, or uncles are considered for the role, but they will have to be consulted in advance before you nominate them for this huge undertaking. Also, don’t feel guilted into picking a family member; if you feel a trusted best friend may do a better job because they have similarly aged kids and better infrastructure. Make decisions that work for you.”
In India, a will can be either handwritten on a piece of paper or typed out on stamp paper. The person writing the will is called a testator. The will needs to have an intention, provide all the details of the testator along with the signature, and mention the assets if there is more than one beneficiary. If the will doesn’t hold weight in court, it can sometimes be contested. So, the best thing to do is seek a lawyer’s help to ensure it is iron-clad. You will also need two witnesses present while the will is being made, who should sign on all the pages. Consider witnesses younger than you and in good health. It is also ideal to declare that you have written the will under full faculty of your senses, and without any coercion or force. Register the will at your sub-registrar’s office with the help of a lawyer, for added security. The cost of preparing a will in India roughly ranges between ₹ 10,000 and ₹ 15,000, which does not include lawyer fees.
“An executor should also be appointed in the will,” says Vidya. “This is a person who is named by the testator to carry on the terms and conditions of the will after his or her death. Sometimes, the will’s beneficiary may also double up as executor and a separate one is not necessary. Write your will clearly and directly in simple language. Avoid vague, ambiguous sentences that could confuse the reader. Be clear about what each beneficiary’s exact share and entitlement is, in precise numbers and percentages. Include everything you own – immovable properties like land, homes, and apartments; movable assets such as money in the bank, stocks, shares, and deposits; heirlooms and other knickknacks of sentimental value. Keep yourself free of liabilities so that it is not adjusted against the assets in the will. Mention that it is your last Will and Testament, thereby nullifying any previously dated wills.”
Making a Will may seem daunting, but with a few systematic guidelines and the help of a lawyer whenever necessary, you can get it right and secure your child’s future in more ways than one.