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  • Harsh Jain

Understanding Wills in India: A Glossary of Key Terms



Planning your legacy? Understanding Wills and inheritance in India is crucial. This post simplifies some essential terms to empower you:


Will Essentials


  • Testator: The one who creates the Will, outlining how their assets should be distributed after they're gone.

  • Beneficiary: The recipient (person or organisation) who should inherit assets as per the Will's instructions.

  • Executor: The trusted person responsible for carrying out the Will's instructions, including managing and distributing assets.

  • Witness: An impartial individual, at least 18 years of age and of sound mind, who signs the Will in the testator's presence, verifying its creation.

  • Nominee: An individual to manage and hold assets upon death (like a bank account), until the rightful heir is identified.

  • Legal Heir: An individual or group of individuals legally entitled to inherit the deceased person’s assets and property, either under a valid will or according to the applicable succession laws.


Will Components & Processes


  • Codicil: A legal update to an existing Will, allowing for changes without starting over.

  • Probate: The court process that validates a Will and oversees its execution by the executor. (Not required in all cases)


Inheritance & Succession


  • Intestate: When someone dies intestate, it means they passed away without a valid Will. When someone dies intestate, their assets are distributed according to India's succession law, which varies based on religion.

  • Succession Law: The legal framework dictating how assets are distributed upon someone's death.


Additional Terms


  • Guardian: An individual appointed in the Will to take care of minor children’s well-being and might also be trusted with assets inherited by children, if both parents pass away.

  • Trust: A legal arrangement in which a person's property or funds are entrusted to a third party to handle on behalf of a beneficiary.


Remember, a Will empowers you to control your legacy and ensure your wishes are met. Consider creating a Will to safeguard your loved ones' future.


Disclaimer: This is a simplified explanation. For in-depth understanding and guidance on Wills and inheritance in India, consulting an expert is highly recommended.

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