Making a Will is not a routine matter and hence How to Make a Will and understanding few important things is necessary. Person can Make a Will but many a times he / she has doubts over uncertainties of future, like:
Whether my properties will be distributed as per my WILL?
Whether there would be any injustice or manipulation by 'smart family members' to deprive rights of other family members?
Whether family members will have required knowledge of distribution of properties as per law to avoid disputes within family, or else what is the purpose of making a WILL?
To answer these doubts / questions - there is an option to appoint an Executor who act as Umpire or Trustee to take all required actions as per wishes mentioned in a Will for property bequeath. Such executant can be any person to whom you have utmost faith, who will not misuse his/her powers, act smartly to distribute properties within minimum time and with least hassles/ taxes/expenses.
One can appoint any person as Executor whose name is mentioned in a WILL as Manager, even an alternate executant can be appointed in a WILL who can act as Manager if main Executor is died or has in-capacity to execute WILL. The Performing can be spouse, relative, friend, neighbor, lawyer, family advisor, professional company like SBI Capital Trusteeship, WillJini.com, etc.
Following few Tips to be considered when you appoint an Executor:
Normally a spouse or trusted family member would be chosen as an Performing.
You should keep in mind over time that circumstances change, and your chosen maker may no longer be able to handle an executor's duties due to death, illness or other changing circumstances. To deal with this, you should also consider appointing alternate executors (possibly more than one) in your Indian will.
If you don't have someone you feel comfortable with acting as an executor, you can also choose a professional or a company that specializes in this.
It is not necessary to show WILL to Performing or to inform in advance that you have made a Will and you have appointed him as maker. However, it is recommended these to an Executor or even keep original or copy with Executor.
Wills are a great alternative to legal intervention and it also keeps the Court from taking a decision if the case is taken up. In reality, civil matters such as property disputes take up a lot of time and resources and the proceedings can be quite taxing. Court proceedings on property disputes are a huge pressure on resources too of both the parties. This is avoided if a will is created by the owner of the property and with it the owner safeguards his family or beneficiaries from extensive legal disputes and hassles.
Whether my properties will be distributed as per my WILL?
Whether there would be any injustice or manipulation by 'smart family members' to deprive rights of other family members?
Whether family members will have required knowledge of distribution of properties as per law to avoid disputes within family, or else what is the purpose of making a WILL?
To answer these doubts / questions - there is an option to appoint an Executor who act as Umpire or Trustee to take all required actions as per wishes mentioned in a Will for property bequeath. Such executant can be any person to whom you have utmost faith, who will not misuse his/her powers, act smartly to distribute properties within minimum time and with least hassles/ taxes/expenses.
One can appoint any person as Executor whose name is mentioned in a WILL as Manager, even an alternate executant can be appointed in a WILL who can act as Manager if main Executor is died or has in-capacity to execute WILL. The Performing can be spouse, relative, friend, neighbor, lawyer, family advisor, professional company like SBI Capital Trusteeship, WillJini.com, etc.
Following few Tips to be considered when you appoint an Executor:
Normally a spouse or trusted family member would be chosen as an Performing.
You should keep in mind over time that circumstances change, and your chosen maker may no longer be able to handle an executor's duties due to death, illness or other changing circumstances. To deal with this, you should also consider appointing alternate executors (possibly more than one) in your Indian will.
If you don't have someone you feel comfortable with acting as an executor, you can also choose a professional or a company that specializes in this.
It is not necessary to show WILL to Performing or to inform in advance that you have made a Will and you have appointed him as maker. However, it is recommended these to an Executor or even keep original or copy with Executor.
Wills are a great alternative to legal intervention and it also keeps the Court from taking a decision if the case is taken up. In reality, civil matters such as property disputes take up a lot of time and resources and the proceedings can be quite taxing. Court proceedings on property disputes are a huge pressure on resources too of both the parties. This is avoided if a will is created by the owner of the property and with it the owner safeguards his family or beneficiaries from extensive legal disputes and hassles.
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