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Who can be a Witness to a Will?

Witnesses should be adults, i.e. above 18 years of age. It is preferred that your Witnesses should be younger to you so they can survive you if they are needed to testify the Will after your death. It is important to note that a Witness should not be a Beneficiary in your Will.

How can I protect the interests of my minor children?

You can appoint a Guardian for your minor children in your Will. A Guardian will be responsible for looking after your children's interests and protecting their share of assets until they attain 18 years of age.

Does a Witness need to read the contents of the Will before signing?

No, it is not mandatory for a Witness to read the contents of the Will before signing. By signing the Will, the Witness only confirms that you have signed your Will in his/her presence.

Can I appoint more than one Executor?

While you could appoint more than one Executor, it is always advisable to minimise the number of Executors to avoid conflicting opinions. You can nominate alternate Executors in your preferred order of priority if the person you initially nominated declines or is no longer available to act as an Executor.

How do I choose an Executor?

Picking the right Executor can help ensure the prompt, accurate distribution of your estate while minimising the potential for conflict and objections. Hence, you should keep the following things in mind while choosing your Executor:

Number of Executors: While you could appoint more than one Executor, it is always advisable to minimise the number of Executors (not more than two acting jointly at any point). That said, you could nominate any number of alternate Executors in your preferred order of priority should the person you initially nominated predecease you, become incapacitated, or decline to act as an Executor. You can also appoint a professional Executor.
Qualities that the Executor must possess: The key qualities that your executor must possess are honesty, trustworthiness, good communication skills, and the ability to deal with the complexities of administering your estate.
Get consent from your Executor: An important consideration when selecting an Executor is their availability. Therefore, you should always seek the consent of the person you nominate as your executor to avoid the potential of the person declining the responsibility after your demise.
Fees of the Executor: If you choose a family member or friend to be the Executor of your Will, they may not charge a fee (although the expenses of administering the estate will be charged to the estate prior to any distributions). However, if you choose a professional Executor, then a portion of your estate may be charged as fees (typically 1%-5% of the estate).
Location: Another basic consideration is the Executor's location. Things such as court appearances, checking physical mail, meeting authorities, property maintenance, etc. can be considerably more difficult if the Executor does not live near where the majority of your assets are located.

The role of the Executor is one of great responsibility, and hence it is crucial to choose your Executor wisely. It is strongly advised to appoint someone you trust, who is capable, and ideally younger than you. It is also a good idea to provide a backup Executor in case the person who was your first preference for this role is no longer available to perform his/her duties as per your Will.

How many Witnesses do I need?

You require a minimum of two Witnesses to attest the Will but there is no upper limit. You can also have more than two Witnesses if you are doubtful that your Witnesses will survive you.

What are the duties of the Executor?

Filing the court papers, if required
Notifying the bank, government, post office, and other departments about the death of the Testator
Distributing the deceased’s estate among the Beneficiaries as directed in the Will
Payment of all debts, taxes due, and filing of income tax returns
Managing overall affairs related to the Will

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What are the fees charged by an Executor?

If you choose a family member or friend to be the Executor of your Will, they may not charge a fee. All expenses required to administer the estate will be deducted first, prior to any distributions made to the beneficiaries. If you choose a professional Executor, then a portion of your estate may be charged as fees.

What is the purpose of having a Witness?

A Will should be signed in the presence of at least two Witnesses. Once the Will has been signed by the Testator, the Witnesses must add their signatures in the Testator’s presence. The purpose of having a Witness is to ensure that the Testator has the mental capacity and intent to make a Will. He or she should be able to testify this fact before the court, should the Will get challenged.

Who can be a Beneficiary in my Will?

A ‘Beneficiary’ is a person to whom the properties are distributed under the Will, i.e. a person who gets the benefit under the Will. Any person, trust, charitable institute, society etc. can be a Beneficiary in your Will.

Who is an Executor?

An Executor is a person who is nominated by the Testator to carry out the instructions as per the Will. An Executor should be above 18 years of age. Your Executor can be any trusted person like a family friend, spouse, children, lawyer, CA or any professional, who can be relied upon to execute your Will. You should always seek the consent of the person you nominate as your Executor to avoid the potential of him/her declining the responsibility of acting as an Executor after your demise.

Appointing people in your Will

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