Will And Allied ServicesThough Making A Will is the most important component in Estate and Succession Planning, there are many ancillary and allied services which a person may require apart from the drafting of the will. The services when under one roof bring a sense of security and ease to the client. They are:
Online Customized Will: The client needs to fill the details online through our will making platform and a legally drafted customized will is ready for them.
Offline Customized Wil: For complicated wills or cases needing special attention, offline will is suggested . Though the entire consultation is done online, it is not through the form on our online platform. After taking complete details from the client, the will is drafted keeping all the legalities in mind.
Codicil: A codicil means an instrument made in relation to a Will and explaining about it alteration/ addition to its disposition. It is deemed as a part of the Will.
Consultancy and Advisory: Sometimes in certain cases of will making or Succession Planning, clients may require consultation from legal experts. We have a team of experienced consultants in house and expert consultants from all over the country empanelled with us to facilitate this.
Vetting of Will: Vetting is a process by which we carefully and critically examine the contents of the Will. In this process, enquiries of the facts have to be been done reasonably before checking the contents of the Will depending on case to case basis.
Registry of Will: Registry of Will is not mandatory in India but is recommendatory.
Probate: Probate means the copy of a will certified under the seal of a Court of competent jurisdiction with a grant of administration to the estate of the testator. A probate of will can be granted only to the executor appointed under a will.
Succession Certificate: A succession certificate is a document issued by a civil court to the legal heirs of a deceased person certifying a rightful person to be the successor of such deceased person.
Legal Heir Certificate: Legal Heir Certificate has various applications. From the transfer of property to claiming insurance, one needs to get a legal heir certificate.
Online Customized Will
Till only a couple of years ago, making a will online would sound like an impossible task. Succession Planning or Making of a Will has been considered a task which would always need the help of a lawyer or a CA who was much known to the family. Over the years things have changed. Let us first have a look at what has transformed which makes Online Will a much possible concept now:
Smaller families and almost nil inter linked assets/liabilities: There has been a major shift from the joint family structure to the nuclear family structure. The changing times have brought an era of joint families to almost an end. With this, the complicated joint family business structures had to be simplified. As the income of an individual got clearly demarcated, their control over their own assets and liabilities increased. This in turn led to a clear understanding of their future needs and their financial planning. The last leg of a complete financial planning is Succession Planning.
Lesser time to spare from working hours to make a will: Making a will from a lawyer requires multiple visits to the lawyer that too in working hours and at the convenience of the lawyer. Online will making has brought the luxury of being able to make the will at one’s own luxury, at their own place, at their preferable time. The team calls you at your convenience during the working hours.
Reservation in divulging all details to people commonly known to other family members: The fear that others in the family would come to know the contents of the will if the details were shared with other family lawyers or CAs also led to delays in making wills. In case of online will making, the lawyers do not know you in person. Also, the data privacy policy followed by our company takes care of non sharing of information provided.
For the COVID situations: The COVID times has made the making of will all the more important. It is also important for pandemic and other unforeseen disaster. Uncertainties surround everybody at all times. It is our prime responsibility at this juncture to protect the future of our family. As much as having a succession plan is important, staying safe, indoors and maintaining social distancing is also important. Online will making has brought this luxury at your doorstep. We need not move out to make our will.
The will even though is online, is still completely secure and customized: Online will making utility on https://managemysavings.com/ is a perfect confluence of being convenient, affordable, appropriate and secure. Though the details are taken online, the details are scrutinized and checked by a lawyer. The vetting and customization are then taken care of by a legal expert.
Simple Steps For Making Your Online Customized Will:
Register: Register: Register yourself using the link https://managemysavings.com/ on our website. For any clarifications or assistance please do connect to our Customer Care Executive at 9058 54210. You may also mail your queries to info@managemysavings.com. Live chat is functional on our website from 10:30 am to 7:00 pm on weekdays.
Pay: The next step is the payment. The payment for online will needs to be made in advance as the utility shall be open for usage only after payment. The payment procedure is smooth and hassle free.
Complete the Details: You will then need to fill in all the details in the utility which will be accessible through your dashboard. After completion of the details, the data shall be collated and a lawyer shall contact you for any assistance required for making your will. Your will shall then be drafted and sent to you for approval.
Get Your Will: Your will is now ready to be signed by you.
Offline Customized Will
At DiLSEWiLL we have tried to include all possible options which may be needed to make a will in the Online Customized Will itself. But, there are some cases where in online will may not be a suitable option. Here Offline Customized Will does not mean that there will be a need to visit lawyers physically. This only means that the information can be given to us over a mail, consultancy can be taken and our team shall coordinate at every step with the client to make a customized will for them.
Some cases which are apt for Offline Customized Will are enlisted below:
Steps For Making An Offline Customized Will:
Codicil is an appended document in relation to a Will. A codicil means an instrument made in relation to a Will and explaining about it alteration/ addition to its disposition. It is deemed as a part of the Will. The law applicable to Wills is also applicable to Codicil. Likewise Will, codicil is revocable in its nature during the life time of the maker of the Will/ Testator/ Testatrix.
Codicil is also known as amendment of Will. Existing Will & Codicil both have to be kept/ stored together. Codicil is completely a separate document by which the Testator/ Testatrix (maker of the Will) can add/ change/ replace/amend/ delete (as the case may be) the relevant portions of the existing Will & it is deemed to be considered as the extension of Will. Since Codicil is an instrument made in relation to a will, explaining, altering or adding to its dispositions, and shall be deemed to form part of the will.
In the present day world, Will making is not only for the over 60-65 yrs age bracket. Will making is essential for anyone who has an earning, savings, bank accounts and of course dependants. Will making in India should start as early as 35yrs of age. In the present Covid scenario, with increasing uncertainties of life all around, this is no more a choice, it is a necessity. After a will is made, life takes us through a series of events like additions to wealth, changes in relationship status, additions to family, losses in the family, development of new hobbies, interests in philanthropic activities and the like.
Such changes in life events also require changes in the will. Legally there is no need to change the entire will if there are small changes which do not change the will significantly. This can be done through a document called the Codicil. It is highly recommended that a will be revisited at least once every three years.
Codicil is the easiest way for making any subsequent changes to the current Will. If the numbers of changes are many and more complicated then codicil might lead to confusion, ambiguity and vagueness.
We recommend making fresh new Will in lieu of making number of complicated amendments/ codicils. Making new Will is much simpler than making several subsequent changes under codicil. In this case the Testator/ Testatrix should mention the statement regarding the revocation of all previous Will & codicils.
How To Make A Valid Codicil?
At DiLSEWiLL, we make the codicil for you even if you have not made the will with us. In case you have made the will with us, we recommend you should revisit the will every three years or with any change in the above mentioned circumstances, whichever is earlier.
Just a few easy steps and your codicil will be made :
Sometimes prior to will making or Succession Planning, clients may require consultation from legal experts. We have a team of experienced consultants in house and expert consultants from all over the country empanelled with us .We can fix up this consultation for you with a consultant according to the need of the case. The consultant need not be from the same city as yours .This service shall be arranged online to ease geographical limitations.
There may be numerous cases where a person should consider taking a consultancy before they decide on their Succession Planning. Some of them may be :
Few Simple Steps And You Can Get The Consultancy At The Comfort Of Your Home:
Vetting is a process by which we carefully and critically examine the contents of the Will. In this process, enquiries of the facts have to be been done reasonably before checking the contents of the Will depending on case to case basis. It is a process of reviewing the background and accordingly giving ones views on the same.
Following cases may require vetting:
Vetting does not include drafting of the changes to be made in the existing will. This vetting will be done by our expert Legal Team. We do vetting of all types of will.
Few simple steps and you can get the consultancy at the comfort of your home:
Registry of a Will is not compulsory in India. A non registered will having all the characteristics of a legal will is as much valid as a registered will.
Why Register your Will?
Cases Where Registration Of Will Is Recommended:
The Registration Of Will Can Be Done Two Ways:
Your Prerequisites Before Deciding On The Date Of The Registry:
Few Simple Steps And You Can Get The Registry Of The Will Done :
Probate means the copy of a will certified under the seal of a Court of competent jurisdiction with a grant of administration to the estate of the testator. Under the Indian Succession Act, a probate of will can be granted only to the executor appointed under a will. If the executor not available to administer the estate, an application must be made. The application has to be made for appointing the same by the court before applying for probate. A probate of will is a must when the will is for immovable assets in Mumbai, Kolkata or Chennai. Further, a probate is essential if the Will is for immovable assets in multiple states.
Importance Of A Probate
It has been established that a probate legalizes a will or the executor of the will to transfer the properties in the names of individuals to whom the property is bequeathed.
However, there are reasons as to why a probate might become crucial.
Probate is issued for a will or any codicil attached, by persons of Indian Hindu, Parsis, Buddhists, Sikhs or Jains, primarily in the cities of Chennai, Kolkata and Mumbai.
In case the will made outside these territories, but for assets situated inside, it would still require a Probate. A probate is completely different from the Letter of Administration.
Application Of Probate Of Will
The probates are granted to the executor or executors (in succession, in case more than one is named), by the High Court, with a copy of the will attached.
One can apply for a probate after seven days of the death of the Testator. (or the person who makes the will and also the owner of the property to be distributed).
The application for probate, need to make with the help of a lawyer or an advocate, to the High Court, under whose jurisdiction the property might fall. Although a lower court may empowered to supply a probate for immovable properties of a small value, a probate from a higher court thus required for high-value immovable assets.
Documents Required For Probate
While submitting a probate application, Certain documents are thus needed to submit which proves that:
a. The will is genuine and the last will made by the testator.
b. The proof of death of the testator.
c. That the will validly executed in clear conscience of the testator.
Grant Of Probate
Once the application is submitted, it will be verified by the authorities and letters (notifications) sent out to the nearest kin of the deceased, intimating them of the issue of probate. A general notice is published for the public to view, and giving an opportunity for raising any objections to the grant of probate.
Probate of will issued if no objections are received from any kin or any general public, and done after the court fees are paid. The court fees depend upon the value of the immovable assets.
A probate, though it takes time to obtain and may cost a tiny percentage of the inheritance (court fees + the lawyer’s fees), is essential, if there are multiple assets to handle, and those immovable properties are present in various states. Also, a probate is a completely fool-proof way of the handling such a matter and imperative when high-value properties are being dealt with.
Notification
After receiving the petition for a probate, the court issues a notice to the next of kin of the deceased to file objections, if any, to the granting of the probate. It also directs the publication of a citation on board to notify the general public.
Common Reasons Probate Is Necessary
If There Was No Will, Probate Is Necessary
If there was no will, probate is necessary. Probate helps to determine the beneficiaries and to distribute the decedent’s assets and title to property.
A Valid Will Exists.
In order for the assets of an estate (excluding some smaller estates) to properly distributed to the named beneficiaries. A valid will must go through probate.
Probate Of Will Necessary When There Are Problems With An Existing Will.
Some of these issues may include: the submitted will is not the final version toe considered; there are mistakes in the will or it was fraudulently executed; the will then drafted was at a time when the testator was not of sound mind; or any other challenges to the integrity of the will.
Probate Of Will Required When An Estate’s Assets Are Solely In The Deceased’s Name.
In most cases, if the deceased owned property that had no other names attached, an estate must go through probate in order to transfer the property into the name(s) of any beneficiaries.
When There Are No Beneficiaries Named Or They Have Predeceased The Decedent, Probate Is Necessary.
This situation applies to any retirement or savings accounts such as IRA or life insurance policies that would pay out to beneficiaries. If beneficiaries are not named or are all predeceased, probate will be required in order to transfer funds or titles into beneficiaries names.
Few Simple Steps And You Can Get The Probate Of The Will Done :
A succession certificate is a document issued by a civil court to the legal heirs of a deceased person certifying a rightful person to be the successor of such deceased person. This certificate authorizes the successor to realize the debts and securities of the deceased person. Its main objective is to facilitate the collection of debts on succession and offer protection to the parties paying debts to the representatives of the deceased person. This certificate cannot be obtained for the inheritance of immovable property.
A succession certificate can be obtained in cases where:
Place And Procedure For Application
An application for grant of the succession certificate should be made before the district judge within whose jurisdiction the deceased person ordinarily resided at the time of his death or in case the deceased person had no fixed place of residence then this application can be made before the district judge within whose jurisdiction any part of the property of the deceased person is found.
A person of sound mind, not being a minor and having an interest in the estate of the deceased can make this application. The interest may be in the form of a widow of the deceased, a person having a beneficial interest in the debt of the security etc.
A succession certificate can be granted to a minor through a guardian.
The petition should contain the following details:
The court, after examining the petition, issues a notice to all concerned parties and specifies a time frame within which any person who has objections may raise them. If no one contests the notice and the court is satisfied, it passes an order to issue a succession certificate to the applicant.
If there is more than one petitioner, then the court may jointly grant them a certificate but it will not grant more than one certificate for a single asset.
When the district judge grants a succession certificate, he shall specify the debts and securities set forth in the application for the certificate, and may thereby empower the person to whom the certificate is granted (i) to receive interest or dividends on the securities; or (ii) to negotiate or transfer the securities; or (iii) both to receive interest or dividends or negotiate or transfer the securities.
The Court levies a percentage of the value of the estate as its fees (as prescribed under the Court-Fees Act, 1870) which has to be paid in the form of judicial stamp papers. This court fee may vary from State to State in India.
Effects Of Succession Certificate
The holder of the certificate has the right to :
Some General But Important Points To Note About Succession Certificate
How to get your Succession Certificate through DiLSEWiLL-
Legal Heir Certificate has various applications. From the transfer of property to claiming insurance, one needs to get a legal heir certificate.
Who Is A Legal Heir?
A legal heir, in simple terms, is a surviving family member but under Indian laws, the following are considered to be a legal heir:
Legal Heir Certificate can be used for,
Who Can Apply For A Legal Heir Certificate?
Any legal heir can apply for a legal heir certificate. Any interested legal heir can do so by filing an application before the Municipal Corporation or before the Tehsildar. Such an application must contain the names and details of all the legal heirs of the deceased.
Document Required To Get A Legal Heir Certificate:
As mentioned above there are certain documents that need to be attached to the application form. These are
How To Get Your Legal Heir Certificate Through DiLSEWiLL-
