The last Will and testament can be stated as a legal document made by an individual calls the testator, where he states about the distribution of its possessions and assets. Moreover, it also includes his wishes regarding the minor dependents, their custodies as well as accounts management.
As the name suggests, last Will is a document in which a person prefers to mention his wishes lawfully before his death. A Will does not adhere to specific features or forms of a language. However, this document needs to disclose the testator’s intentions about his property dispositions after death. Whatever is mentioned in the Will, it will become lawfully effective after the testor’s death.
What does a Will constitute of?
- Minor treatment until they become entitled legally to inherit the property
- Executive appointment who will be responsible for the administration of the estate
- Assets or properties owned by the testator
- Assets and properties to be inherited by charitable trust or children or otherwise along with the distribution ratio
- Testator responsible for the care of minors
- Reschedule clause for remaining assets distribution
How will be the Will executed?
An executor is appointed majorly to execute a Will. He executor is primarily responsible to ensure that all the clauses mentioned in the Will are executed accurately. Besides, he is also laid with the responsibility for estate administration.
The probate court is defined as a segment of the judicial system, which handles primary matters like estates, wills, guardianship, and conservatorship.
Generally, an executor is supervised by the probate court in order to ensure that the wishes of a testator are carried out correctly.
The last will and testament – Governing laws
The Indian Succession Act, 1925 is responsible for governing the succession law. However, in the case of Will, personal laws are also considered. For instance, in the case of a Muslim individual, the substation and inheritance matters are completely governed by the laws mentioned in the Muslim Personal Law Board. According to the Muslim Law Board, one-third of the property that is left after the expenses of funeral and debts can be disposed of without the heirs’ consent. Furthermore, according to the Indian Christians and Parsis, the Last Will and Testament Florida will revoke in the case marriage and need to be developed again.
It is not essential to register the Will if it’s already registered under the Indian Registration Act, 1908. It would prevent the Last Will and Testament Florida from being challenged after the testator’s death.
