June 15, 2013

How to draft a Will so as to avoid future disputes ->

However well a WILL may have been drafted, after death of will-maker, disputes are bound to arise.

The people will fight because of strong desire for succession. And the Courts will be forced decide the meanings of words in Will.

DISPUTES IN GENERALLY


There can be two types of dispute regarding Will.


1) Regarding Execution of will.
One party may say this is true will. Other party may say that the will is forged. One party may also say that maker of will had no right to make such will as he had no full rights on his property. Here, basically, validity of will is under challenge.

To avoid such disputes, it is good idea to get Will prepared under legal guidance and to get it registered in Registrar's Office.

Very few know, but will can be registered in Sealed Cover also so that no one can know contents of will.

One more GOOD idea is,:->

the will should appoint some trusted lawyer or his firm as executor of will.

So that after death of will-maker, it will be job of the nominated lawyer or his firm to distribute property as per will.


2) Another type of dispute arise where property are not properly described, names are not properly mentioned, some property is not mentioned in will etc. etc.

All these disputes can be minimised when will is drafted under expert legal guidance.

However, there is no guarantee that no dispute will arise.


Haresh Raichura