11 mistakes to avoid when writing a will

A thoroughly-drafted will gives you the power to divide your assets in the manner you like and would be implemented after your demise. However, even a small mistake while drafting this crucial legal document might create confusion and result in the will becoming null and void. Hence, utmost caution must be taken at the time of drafting the will, a task that must be performed, preferably under the guidance of a legal expert.

In this guide, we are going to enumerate some of the often-made mistakes that may lead to the will becoming invalid.

Spelling mistakes

A great deal of emphasis is put on spellings being correct and apt when legal documents are studied and analysed in India. The authority, for instance, would refuse to grant you an Aadhaar or Voter ID card if your name is spelt differently in your ID proofs and address proofs. Hence, ensure that you write names in your will the way they are written in other legal documents.

See also: Transfer of property through will vs gift deed: Which is a better option?

Factual mistakes

Another set of errors that might become hindrance for a person would be mistakes related to date, place, etc. The date and place play a major role in determining the validity of a will. Hence, they must be clearly mentioned. Let us understand it this way:

You HAVE to mention your name.

You HAVE to mention the date.

You HAVE to mention the address.

You HAVE to number the pages.

You HAVE to mention the place.

You HAVE to mark your signature and thumb impression on all pages.

You HAVE to mention your relationship with the beneficiaries.

“As it is not legally binding to register a will, the signature of the person making the will is the only thing that separates a will from, say, a work of fiction. Make sure each page is duly signed to give legal validity to your will,” says Prabhanshu Mishra, a Lucknow-based lawyer.

A will can be challenged if there is a signature mismatch, Mishra adds.

Lack of clarity

Each sentence, written in a will, should clearly convey your intent. Sentences with varying connotations would lead to confusion and may escalate to misunderstandings among beneficiaries.

A sentence like, “I want my wife and daughter to share the cash deposit in my bank account,” for example, could be highly misleading as to what should be their respective shares in the account. We expect our loved ones to act like a family but for a legal instrument like a will, there should be no confusion. A better way to write the above sentence would be, “I want my wife and daughter to equally share the cash deposit lying in my bank account.”

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Bequeathing what isn’t yours

The laws of inheritance clearly state about what you can and cannot give away through a will. You can only give away something that is your own in its entirety. This means, a property jointly owned by you and your spouse cannot be given away through a will, unless the two of you make a joint will and give your respective shares in the property in the manner you like.

Forgetting the sanity oath

A will can be challenged on the ground that the will-maker was not in his/her right senses or was forced to make the will under pressure. Hence, the following oath has to be the part of any will being drafted and executed:

“I am in my full senses and of sound mind, and I fully understand what is right and wrong. I am on my own accord voluntarily, without any force, pressure, coercion, or influence of any kind, making this will in order to direct as to the manner of the inheritance of my aforementioned assets upon my demise. I hereby and hereunder revoke any wills or codicils that I may have made in the past.”

Forgetting to appoint an executor

In your absence, someone will have to oversee the proceedings of your asset division. For this specific purpose, you have to mention an executor of your will. He can be a family member but, it would be more appropriate to appoint a lawyer to be the executor. Note that a minor cannot be the executor of your will.

See also: What is probate meaning when it comes to a Will

Passing on assets to minors

If a minor is part of your will, you will also have to appoint a guardian for him in your will as minor children cannot be the title holders. In the absence of a guardian, the court will have to intervene, as a caretaker of the asset.

Forgetting to mention your debts

Your debts are also part of your estate. Any asset acquired cannot be bequeathed to a beneficiary until the debt is settled. Your will should mention all your debts and how you would like these to be settled.

Forgetting to have witnesses

For a will to be legally binding, it must be written in the presence of two witnesses, who are not named as beneficiaries in the will. These witnesses, who must be at least 18 years of age, have to sign the will. It is required to attach their identity proofs along with the will. Make sure the names are written correctly.

Too many claims on one asset

An asset, bequeathed to multiple people, is sure to cause bad blood in future. Do not try to cause this kind of confusion through your will. While being fair to each family member is important, creating too many ownership claims over a single property is certainly a bad idea, and sure to cause a family feud.

Forgetting to factor in your health

Old age is typically associated with illnesses. Even otherwise, you would need a substantial amount to take care of your health during the final years of your life. Bequeathing everything and not making provisions for the same is certainly a wrong way to go.

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