People usually plan for investment, savings, retirement corpus or building assets but neglect the vital aspect of creating a Will to pass on their wealth to nominees or legal heirs after death. There is no right age to make a Will. Anyone other than a minor with a sound mind can create one. Regardless of your income level, writing a Will is vital to eliminate any discord or legal disputes in the family in the distribution of assets after the person dies.
Earlier, one had to consult a lawyer in person to write a Will, but with digital advancement, one can create a Will now online. Platforms like National Securities Depository Limited (NSDL) through EzeeWill, HDFC Securities, ICICI direct, Federal Bank, etc., offer online Will service.
Difference Between A Physical Will And Digital Will
A Will is a declaration written by a person or testator (who makes the Will) about the assets and wealth and how to distribute them among the family members or other nominees such as charities, etc. A digital Will is no different, except that it is in a digital form. So people can write a Will online as well for convenience.
How To Make A Will Online?
A Will can be handwritten or typed for legibility. It can be created in any language and is not required to be written on stamp paper. The Will should be drafted carefully and written in a way that the terms expressed by the testator are conveyed simply.
Let us see how to create a Will online.
Registration: Anyone wanting to prepare a Will online must first register on any portals offering online Will services to create a user ID and password.
Fill The Details: After registering, the person must fill up details such as the testator's name, personal information, details of assets and wealth, and the name of the beneficiary or beneficiaries.
Check The Form And Appoint An Executor: All the details, once filled, should be properly checked before submission for errors and rectification. The user/testator then appoints someone trusted as the executor (the testator's legal representative to execute the Will). All these details should be mentioned clearly in the Will. The first draft of the Will is ready.
Make The Payment: Next, one needs to make the payment to the service provider for availing of the online service. The fee may be different for service providers. For example, HDFC Securities charges Rs 2,999 plus GST to Rs 4,999 for different types of Will. Few portals may offer to pay online and offline.
Final Draft: Now as the payment is made, the lawyers on the portal Will prepare the final draft out of the details submitted by the user. When the final draft is ready, it is sent back to the user for approval. The user can suggest any changes if needed, and then it is ready for signing.
Signing The Will: Once the testator approves it, they must sign it in the presence of at least two witnesses to make it legitimate. The witnesses are also required to sign the Will.
Important points to note while making the Will
The user can get the Will registered afterwards, but it is not mandatory.
Advocate Udit Gupta says, “A Will is not required to be compulsorily registered. However, registering a Will only lends more credence to its authenticity and genuineness and reduces the chances of being challenged in a court of Law."
He suggests one should know that a Will is a declaration showing the Testator’s desire for the devolution of properties to come into effect after the Testator’s death. The Will should be made as per one's free Will without any undue influence from any person. One should specify the manner of devolution and bear in mind the Will is revocable. A new Will revokes the previous Wills. Also, a Will should be stored somewhere safe where the document cannot be tampered with, and the family can fetch it easily after the death of the Testator.