In today's world, where digital processes streamline complex legal procedures, writing a Will online in India has become an increasingly accessible option for many.
A Will, essentially the cornerstone of estate planning, ensures that your assets, from bank accounts to family heirlooms, are distributed according to your wishes upon your demise.
This article aims to guide you through creating a legally valid Will online, emphasising the importance of legal language, the inclusion of all your properties, and ensuring that your family members are taken care of as per your desires.
The Importance Of A Will
A Will is not just any legal document; it's the only effective document that clearly states your property distribution wishes, including the guardianship of minor children and the distribution of personal property.
Without a Will, such succession laws as the Hindu Succession Act may determine how your assets are divided, which might not always align with your wishes.
Read more: Everyone Needs To Write A Will
The Digital Evolution in Estate Planning
The advent of online services has simplified the creation of estate planning documents, making it possible to write a Will from the comfort of your home.
These platforms offer templates that cater to the basic details required in a Will, often guided by legal counsel to ensure the document's validity.
Here are some advantages of using an online platform.
Enhanced Accessibility and Convenience
The primary allure of online estate planning services is their unparalleled accessibility and convenience. No longer does one need to schedule appointments and have multiple in-person meetings with attorneys to draft a simple Will.
From the comfort of one's home, it is now possible to initiate and complete the entire process, making it particularly appealing for those with busy schedules or limited mobility.
Tailored Templates and Customisation
Online platforms have democratised the Will-writing process by offering a range of templates that cater to various needs. These templates are designed to cover the essential components of a Will, including asset distribution, appointing executors, and guardianship clauses for minor children.
What's more, many services, like Yellow, allow for customisation of these templates, ensuring that even the most specific property distribution wishes or personal circumstances can be accurately reflected in the legal document.
Guidance From Legal Professionals
One of the standout features of many online Will-writing services is the availability of legal counsel. These platforms often collaborate with legal experts to develop their templates and offer additional services where users can have their drafts reviewed by a professional.
This integration of expert advice ensures that, despite the DIY nature of the platform, the final document adheres to legal standards and accurately represents the user's intentions.
Security and Storage Solutions
Digital estate planning services don't just stop at document creation; they also offer solutions for securely storing these critical documents.
With concerns about the safety and retrievability of paper documents, having a digital copy stored securely online—with backups and encryption—offers peace of mind.
Some platforms also provide services to share access with trusted family members or legal advisors, ensuring that the documents are accessible to the right people when needed.
Regular Updates and Revisions
Life circumstances change, and so do estate planning needs. Online platforms make it incredibly easy to update your Will to reflect new assets, family members, or changes in your wishes.
This flexibility encourages individuals to keep their estate plans current, adapting to life’s inevitable changes without the need for starting from scratch each time.
Legal Validity and Compliance
A significant concern for anyone drafting a Will is ensuring its legal validity. Online estate planning services address this by staying updated on the latest legal requirements and succession laws applicable in various jurisdictions.
By providing tools and resources that are in compliance with state laws, these platforms help users create documents that are not only personalised but also legally sound.
Read more: Understanding Clauses In A Will
A Step-By-Step Guide To Write A Will Online
While a quick Google search may give you a plethora of online options to creating your Will, it's important to select the right one as per your needs. From standard downloadable templates to DIY apps, you'll find them all online.
We recommend you pick a website that offers a degree of customisation and has a legal team that can provide counsel in complex matters. Legal terminologies can be complicated and misleading, and the importance of a verified legal team cannot be overstated.
Legal support can also help navigate inheritance taxes, ensure that the Will is the only effective document post your demise, and guide complex situations like creating separate Wills for spouses or detailing organ donation wishes.
Read more: The Cost of Making A Will In India: DIY vs Online Solutions
Here's a step-by-step guide to making your Will online.
1. Choosing the Right Platform
Today's digital landscape offers a variety of online services to create a Will. Look for platforms that have a robust legal team and positive testimonials from users.
2. Drafting Your Will
Start with outlining all your assets, including investment accounts, properties, and any other significant assets. Specify clear property distribution wishes, identifying legal heirs, and if necessary, a particular son, daughter, or family member you wish to provide financial support or inherit specific items.
3. Legal Language and Clarity
Employ clear legal language to avoid ambiguity. While online templates can guide you, consulting with professional help, such as a freelance writer skilled in legal documents or direct legal counsel, can ensure the Will is legally binding without requiring unnecessary legal interference later.
4. Including Key Elements
Ensure to mention all your properties, detail the distribution activity, appoint Executors, and if applicable, Guardians for minor children. Your Will should address all aspects of wealth distribution, including the distribution of insurance claims and the handling of inheritance taxes.
5. Validity and Witnesses
For a Will to be considered legally valid, certain criteria must be met. You must be over the age of 18, deemed competent, and of sound mind. Most importantly, the Will should be signed by you in the presence of two Witnesses, making it a legally binding document.
6. Probate Process and Succession Laws
Understand the probate process in your state and succession laws applicable based on your religion. While a Will can dictate the distribution of assets, some assets and properties might be governed by specific succession laws. Knowing these nuances can help in drafting a will that aligns with legal requirements, potentially avoiding probate. Probate is a legal process that officially recognises the Will and authorises you to start managing the estate. If the Will was created in, or if any immovable property is located in, either Mumbai, Chennai and Kolkata, probate is a requirement.
7. Safekeeping and Copies
Once your Will is finalised, it becomes imperative to keep it in a safe place. A trusted person, whether a family member or a legal advisor, should know its location. Some opt to keep a digital copy with online services that offer such secure storage solutions. On the Yellow app, you can securely store a copy of your Will and appoint the person who should receive a copy of the Will upon your demise.
8. Regular Updates
Life changes, such as the acquisition of new assets, the birth of children, or changes in your relationships, necessitate updates to your Will. Ensure your Will reflects your current wishes and asset distribution intentions. Yellow lets you do this quickly and easily on the app or webapp.
The Bottom Line
Writing a Will online in India has democratised legal processes, allowing individuals at any stage of life, in good health or contemplating life's impermanence, to ensure their legacy and wishes are honoured.
It's a testament to how technology has bridged the gap between legal necessity and accessible solutions, ensuring that one's final wishes are clearly articulated, legally sound, and ready to be executed when the time comes.
By taking the steps to create a Will online, you're not only making a wise legal choice but also ensuring peace of mind for yourself and your loved ones in the future.
