A will is a legal document that can outline your wishes regarding the smooth distribution of your assets and property after your demise. This can be a crucial instrument for proper estate planning to determine who inherits your assets and how they are distributed. If there is no will, your assets and property will be subject to the laws of intestate succession, which often do not align with your wishes or preferences.
1. Forms and Formalities
In Kolkata, just like any other part of the city, a will should adhere to specific legal formalities. The legal formalities may include:
Testamentary Capacity: You must be of sound mind and not under any undue pressure or influence when preparing the will.
Clear Intent: Mention your clear intentions in the will regarding the distribution of your assets.
Signatures: The testator must sign the will at the end, and there should be two witnesses for the final signature.
Witness: Two or more witnesses should sign the will to confirm they saw you sign it.
2. Online Customized Will
Now, it takes only a few minutes to prepare an online will. There are various online platforms and legal service providers, like RD Lawyers & Associates Advocate Anulekha Maity (7003746750)‘ / ‘Advocate Shilpi Das AK Legal Advisors (9874371127)‘ / RD Lawyers & Associates Advocate Anirban Pramanik (8583939026) / ‘RD Lawyers & Associates Advocate Puja Roy (7595880945), who offer the required tools and guide you throughout the process. You will also get various template samples that can help you customize your will according to your specific needs.
3. Offline Customized Will
Without a doubt, online will generation is easy and time-saving. However, some people prefer to do it offline and discuss everything with an expert property lawyer in Kolkata. You can easily draft the will with the help of an eminent legal professional and ensure that your will adheres to all legal requirements. If your estate planning requirements are complicated, the offline method is more suitable for you.
4. Codicil
If you already made a will but now want to make changes or additions, you can take the help of Codicil. This is basically a separate legal document that will complement your existing will. Codicil helps to make specific changes, and there is no need to rewrite the entire will. However, for a codicil, you need to follow legal formalities when creating a will.
5. Consultancy and Advisory
Whether you prepare an online will or offline, you should seek the help of expert legal advisors. The best will lawyers near Kolkata, West Bengal, can offer you the required guidance and ensure that the will accurately reflects your wishes and complies with all legal requirements.
6. Vetting of Will and Registration
Once the will draft is complete, you should get it vetted by a legal expert. It will help to rectify the will if there are any issues or ambiguities in the document.
There are various will registration online platforms. However, one may choose to register the will with the local registrar’s office in Kolkata. Registration can ensure an added layer of security and proof of its authenticity. It also ensures that they will be accessible to the right parties at the right time.
7. Probate
It is the mandatory process of validating a will in a court of law. After the demise of the testator, the beneficiary needs to apply for probate to execute the will. It is crucial to ensure the will’s legitimacy and facilitate the smooth transfer of assets. Consult with the best property lawyer in Kolkata to ensure a smooth transfer of assets and property.
8. Succession Certificate
The legal hair may be required to obtain a succession certificate if the person dies without leaving a will. This certificate is important to claim the deceased’s assets and debts clearly.
9. Legal Heir Certificate
It will be issued by the local government authorities to ensure the rightful heirs of a deceased person. This certificate is a mandatory way to claim the assets of the deceased.