While Testamentary Suits.
1) What is a Testamentary Will?
A Testamentary Will is the Last Will or Testament of the Testator. It is a document that records the wishes of the Testator (the person who makes the Will) with regards to distribution of his estate (moveable and/ or immoveable property).
2) How to draft a Testamentary Will?
The Testator (the person who makes the will) must indicate clearly:
- That all previous Will and Codicils, if any, are revoked.
- Name the Executor/ Trustee of the Will, the person who will ensure the right execution of the Will after the death of the Testator.
- List all the moveable or immoveable properties clearly.
- List the distribution of his properties among his family members.
Although anyone can write up a will, it's usually advisable to have a lawyer do so, or at least review it, to make sure it is worded correctly, precisely, and in accordance with state laws.
3) What happens to the estate of an individual when he/ she passes away without executing a Will?
If an individual (Indian) has failed to execute a Will before his death, then his estate is distributed as per the personal laws applicable to him. The legal heirs of the deceased who has passed away intestate (without executing a Will) must approach an Advocate who in turn would file for a Letters of Administration in the appropriate forum for the general distribution of the estate of the Deceased.
4) What is a Probate?
A Probate is a grant from the Hon’ble Court for the general distribution of the estate (moveable and immoveable assets) as per the wishes of the Deceases that have been recorded by him in his Last Will and Testatement.
