Understanding Wills in India: A Glossary of Key Terms
- Harsh Jain
- Jun 21, 2024
- 2 min read
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.
