Thursday, September 27, 2018

How should a will be executed? - Probate Lawyer - Helpline 9840802218

Today we receive queries from many persons that how should a will be executed. How to make a valid will. If a will written by them will became invalid after their death. What are the things to make a valid will. 

(1) A will is not valid unless - (a) it is in writing and signed by the testator or by some other person in the presence of and at the direction of the testator; and (b) the signature is made or acknowledged by the testator in the presence of two or more witnesses present at the same time; and (c) at least two of those witnesses attest and sign the will in the presence of the testator (but not necessarily in the presence of each other).

 (2) The signature of the testator must be made with the intention of executing the will; but it is not essential that the signature be made at the foot of the will. 

(3) It is not essential for a will to have an attestation clause. 

(4) Where a testator purports to make an appointment by his or her will in the exercise of a power of appointment by will, the appointment is not valid unless the will is executed in accordance with this section. 

(5) Where a power is conferred on a person to make an appointment by a will that is to be executed in some particular manner or with some particular solemnity, the person may exercise the power by a will that is executed in accordance with this section, but is not executed in that manner or with that solemnity. If you fulfill all the above conditions you need not worry about your will. Every thing will devolve according to your last made will to your successors.

 The Author K.P.Satish Kumar M.L. is the leading Probate and Will lawyer. You can get free legal advise on Probate and Will to the team Daniel & Daniel @ 9840802218


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