What Happens:
- Property distributed per succession laws
- Different laws for different religions
- Court-appointed administrator
- Lengthy legal process
- Family disputes common
- Minor children's guardian decided by court

Benefits:
- You decide who gets what
- Choose guardians for minor children
- Minimize family disputes
- Faster property transfer
- Tax-efficient distribution possible
- Specific bequests (charity, friends)
- Exclude specific persons legally

Section 59, Indian Succession Act:

Age: 18 years or above
Mental State: Of sound mind
Free Will: Not under coercion/fraud
Property: Must own the property being bequeathed

The person must:
- Understand what a will is
- Know extent of their property
- Remember potential beneficiaries
- Understand consequences of decisions

Note: Person of unsound mind can make will
during "lucid intervals" - periods of sanity

For: General public
Requirements:
- In writing
- Signed by testator
- Attested by 2+ witnesses
- Witnesses sign in presence of testator

No stamp paper required
No registration mandatory (but recommended)

For: Soldiers in active service, mariners at sea
Requirements:
- Can be oral
- Can be written without witnesses
- Special rules apply
- Rarely used by general public

Optional but Recommended:
- Registered with Sub-Registrar
- Harder to challenge
- Original kept in government records
- Copy available anytime
- Small registration fee

Made by Two People Together:
- Common for spouses
- Takes effect on first death
- Remaining property on second death
- Can be revoked by either party

Example:
"LAST WILL AND TESTAMENT

I, [Full Name], son/daughter of [Father's Name],
residing at [Complete Address], aged [Age] years,
being of sound mind and under no coercion, do hereby
declare this to be my Last Will and Testament.

I hereby revoke all previous Wills and Codicils made
by me."

Include:
- Spouse name and relationship
- Children names and ages
- Dependents
- Any deceased family members (if relevant)
- Those explicitly excluded (if any)

List All Properties:

Immovable Property:
- Complete address
- Survey/plot numbers
- Registration details
- Current ownership status

Movable Property:
- Bank accounts (bank, branch, type)
- Fixed deposits
- Mutual funds/shares
- Vehicles
- Jewelry
- Other valuables

For Each Beneficiary:
- Full name
- Relationship
- Current address
- Specific bequest

Example:
"I bequeath my residential property at [Address]
to my son [Name], currently residing at [Address]."

Executor's Role:
- Carries out will's provisions
- Manages estate during probate
- Distributes assets to beneficiaries

Example:
"I appoint [Name], [Relationship], residing at
[Address], as the Executor of this Will. In case
of their inability to act, I appoint [Alternate Name]
as the alternate Executor."

If You Have Minor Children:
"I appoint [Name], [Relationship], as the guardian
of my minor children [Names] until they attain
majority. The guardian shall have authority over
their personal welfare and property management."

Covers Unlisted Assets:
"All remaining assets, properties, and possessions
not specifically mentioned above shall be distributed
equally among my children [Names]."

Required Format:
"Signed by [Testator Name] in our presence, and
we have signed in their presence and in the presence
of each other.

Witness 1:
Name: ________________
Address: _____________
Signature: ___________
Date: _______________

Witness 2:
Name: ________________
Address: _____________
Signature: ___________
Date: _______________"

List All Assets:
□ Immovable properties (land, buildings)
□ Bank accounts
□ Fixed deposits
□ Mutual funds
□ Stocks and bonds
□ PPF, EPF, NPS
□ Insurance policies
□ Vehicles
□ Jewelry and valuables
□ Business interests
□ Intellectual property
□ Digital assets

Potential Beneficiaries:
□ Spouse
□ Children
□ Grandchildren
□ Parents
□ Siblings
□ Other relatives
□ Friends
□ Charitable organizations
□ Trusts

Consider:
- Who depends on you financially?
- Special needs of any beneficiary?
- Minor children's needs
- Spouse's security
- Fair vs. equal distribution
- Conditions (if any)

Ideal Executor:
- Trustworthy person
- Younger than you (likely to outlive)
- Financially responsible
- Available to manage affairs
- Preferably in same city as assets

Consider:
- Adult child
- Sibling
- Trusted friend
- Professional (lawyer, CA)

Options:
1. Self-drafted (cost-effective)
2. Lawyer-drafted (recommended for complex estates)
3. Online will services (convenience)
4. Bank will service (if account holder)

Proper Execution:
1. Print will on plain paper
2. Sign on each page
3. Initial any corrections
4. Sign final page with date
5. Two witnesses sign
6. Witnesses should know testator
7. Witnesses should NOT be beneficiaries

Registration Process:
1. Visit Sub-Registrar office
2. Carry original will
3. Bring two witnesses
4. Bring ID proof (Aadhaar, PAN)
5. Pay registration fee
6. Will registered and stored
7. Get certified copy

Advantages:
- Authenticity established
- Harder to challenge
- Safe custody
- Certified copies available
- Reduces disputes

Location: Sub-Registrar of Assurances
Documents Needed:
- Original will
- Two attesting witnesses
- ID proof of testator
- ID proof of witnesses
- Recent photographs

Fees: ₹100-500 (varies by state)
Time: Usually same day

Storage:
- Original with Registrar
- Certified copy with you
- Inform executor about location
- Keep copy in safe place

Problem:
- 80%+ Indians die intestate
- Succession laws take over
- Family disputes common

Solution:
- Make will today
- Simple will better than none
- Update as life changes

Common Errors:
- Only one witness
- Witnesses not present together
- Beneficiary as witness
- Missing signatures on pages
- No date mentioned

Result: Will may be invalidated

Problem:
"I leave my house to my children"
- Which house? (if multiple)
- In what proportion?
- What about grandchildren?

Solution:
- Be specific
- Use full names
- Mention complete addresses
- State percentages clearly

Will Needs Update When:
- Marriage or divorce
- Birth of children
- Death of beneficiary
- Significant property changes
- Executor dies or incapacitated
- Laws change
- Move to different country

Commonly Forgotten:
- Digital assets (crypto, online accounts)
- Insurance policies
- EPF/PPF nominations
- Joint accounts
- Business interests
- Intellectual property

Rules:
- Can only will YOUR share
- Coparcenary property: Different rules for Hindu males
- Joint tenancy: May pass automatically to survivor
- Tenant in common: Your share can be willed

For Hindus:
- Different from self-acquired
- Coparcenary rights apply
- Can only will your undivided share
- Complex rules - consult lawyer

Stridhan:
- Property received as gift before/after marriage
- Full testamentary rights
- Can will without husband's consent

Property in India:
- Indian succession laws apply
- Will should specifically cover Indian assets
- Consider separate will for each country
- Executor should be India-based

Nomination:
- Temporary custody arrangement
- Nominee holds for legal heirs
- Not a transfer of ownership
- Common for: Bank accounts, insurance, shares

Will:
- Legal transfer of ownership
- Overrides nominations
- Final say on distribution
- Legally enforceable

Will vs. Nomination Conflict:
- Will generally prevails
- Nominee must transfer to beneficiary
- Legal heirs can claim from nominee
- Update both for consistency

Inform:
□ Executor (get acceptance)
□ Spouse (if appropriate)
□ Lawyer/CA
□ Bank (safe deposit box access)

Don't Need to Inform:
- Beneficiaries (your choice)
- Children (may cause expectations)

Safe Storage Options:
- Bank safe deposit box
- Home safe
- With lawyer
- Registered (with Sub-Registrar)
- Multiple copies in different locations

Important:
- Tell executor where to find it
- Don't keep only one copy

Review Every:
- 3-5 years routinely
- After major life events
- When laws change
- Property transactions

Codicil:
- Minor amendments to existing will
- Same execution requirements
- Easier than new will for small changes

Intestate Succession Priority:
1. Son, daughter, widow
2. Mother
3. Son/daughter of predeceased son
4. Widow of predeceased son
5. Son/daughter of predeceased daughter
(All get equal shares)

Self-Acquired Property:
- Complete freedom to will
- No restrictions

Ancestral Property:
- Can only will your share
- Share determined by succession rules
- Coparcenary rights may limit

Key Restrictions:
- Can bequeath max 1/3 of estate
- Cannot will to legal heirs
- Remaining 2/3 per Sharia law
- Consent of heirs needed for more

Fixed Shares (Faraid):
- Spouse: Fixed percentage
- Children: Sons get double daughters' share
- Parents: Fixed share
- Others: Per detailed rules

No Restrictions:
- Complete freedom to will
- No forced heirship
- Can disinherit anyone
- Can leave to charity entirely