Errors to Avoid When Creating a Will

 Creating a Will: A carefully crafted will provides you the freedom to share your possessions anyway you see fit, and it would be carried out upon your passing. However, even a minor error in the writing of this significant legal document could lead to misunderstandings and render the will void. As a result, extreme care must be given when writing the will, a procedure that must be carried out, ideally with the help of a legal expert.

In this article, we’ll list a few common errors that could cause a will to be declared void.

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Spelling Errors

When studying and analyzing legal papers in India, a lot of attention is placed on spellings being appropriate and proper. If the authority notices that your name is spelled differently on your ID proofs and address proofs, they may refuse to issue you an Aadhaar or Voter ID card. As a result, make careful to write names in your will exactly as they appear in other legal papers.

Transferring Property to Minors

If a youngster is included in your will, you must also name a guardian for him because small children are not permitted to possess titles. The court must step in to act as the asset’s custodian in the absence of a guardian.

Factual Errors

Date, location, and other error-related problems are another group of faults that could cause someone difficulty. A will’s validity is greatly influenced by the time and location. As a result, they need to be made very explicit. Let’s interpret it as follows:

You MUST include your name.

The date MUST be mentioned.

You MUST include the address.

The pages MUST be numbered.

The location MUST be mentioned.

On every page, you MUST include your signature and thumbprint.

You MUST describe your connection to the recipients.

The only thing that distinguishes a will from, say, a work of fiction is the maker’s signature because registering a will is not legally required. To give your will legal validity, make sure each document is properly signed.  If the signatures do not match, a will may be contested. 

Absence of Clarity

Each clause in your will should express your intentions without any confusion. Sentences with different meanings could cause users to become confused and even end up misunderstood.

Giving What Is Not Yours

What can and cannot be left through a will is expressly stated in the laws of inheritance. Only things that are entirely yours can be given away. This means that unless both of you form a combined will and distribute your respective portions of the property as you see fit, a property that you and your spouse jointly own cannot be given away through a will.

Losing Track of the Sane Oath

A will may be contested on the grounds that the maker was under influence or was not in their right mind when the will was drafted. Therefore, the following oath must be included in each will that is being created and signed:

I am making this will voluntarily and without any outside pressure or influence of any type in order to specify how my stated assets will be inherited after my passing. Any previous wills I may have made are hereby revoked.

Not Selecting a Heir

Someone will need to supervise the asset division process while you are away. You must identify your will’s executor for this particular purpose. It would be more suitable to name a lawyer as the executor rather than a family member. Keep in mind that a minor cannot serve as your will’s executor.

Not Invoking Your Debts

Your estate also includes your debts. Any purchased property cannot be left to a beneficiary until the obligation is paid in full. All of your debts should be listed in your will, along with your preferred method of repayment.

Ignoring the Need for Witnesses

A will must be signed in the presence of two witnesses who are not beneficiaries in order for it to be valid. The will must be signed by these witnesses, who must be at least 18 years old. Along with the will, their identifying documents must be included. Make sure the spelling of the names is accurate.

A Single Property Has Too Many Rights

An asset that is left to several persons will surely lead to resentment in the future. Avoid attempting to confuse people in this way with your will. While treating everyone equally is crucial, making too many ownership claims about a single home is undoubtedly a terrible idea and will almost likely lead to family strife.

Ignoring the Importance of Your Health

Illnesses are frequently linked to old age. Even in that case, you would require a sizable sum to maintain your health in your later years. Giving everything away without making arrangements for it is undoubtedly the incorrect course of action.






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