You are now part of a very exclusive group. Less than 1% of Indians (UK 11%) have a Will and Succession set. A Will and Succession set is very important to ensure that legatees (spouse, children etc.) receive material assets smoothly, legally and without exorbitant litigation costs at a later stage.

1. You should have the following documents
   • Will Joint, Single or Mirror Wills
   • Registration of Will (optional)
   • POA Power of Attorney
   • Asset list
   • Letter of wishes LoW
   • Funeral rites and Organ donation
   • Doctors certificate (optional)
2. Will: As per Law, to be valid a Will needs to be dated, signed by the testator & signed by witnesses - That's it
3. Will witnesses must be known to you and be above the age of 21. Beneficiaries named on the will cannot be witness. Ideally select witnesses who are younger than you. The witnesses need not be shown the contents of the will, just the last page where it says clearly that they are only witnessing that a) you are signing the will in their presence b) that you are not under duress or coercion c) that you are not suffering any apparent mental illness. Witnesses may be re-assured that they do not carry any liability or responsibility for the contents of the documents.
4. Registration (optional): Only required if you expect the Will to be challenged or disputed at a later date. If you wish to register your Will, see Registration Procedure below
5. Asset list, update your asset list once a year, Include all your assets globally (UAE, India, UK etc) Inform your spouse etc where it can be found. Make sure you note down and inform spouse about the location in your computer and password if any. Don't worry if your asset list is not updated, your assets will still reach your beneficiaries but it may take them longer to figure it out. There is no need to sign / witness the asset list. There is no need to have it attested or registered. Assets not to be specified directly in the Will as a) there is no procedural advantage and b) it would attract govt. levies between 0.25%-1.00% on the value of the asset c) you will need to change the Will every time assets change
6. Letter of wishes LoW / Funeral rites / Organ Donation: is a statement made by a living person, as to how he/she would like non-titled assets such as jewelry, antiques etc distributed. They can also explain how they would like their bodily remains handled and then interred. Unlike a will, parts of the LoW relating to organ donation, funeral wishes etc are to be shared and discussed with close family and friends. This is a document that you could / should share and discuss with your near and dear ones. There are many assets such as heirloom time pieces, paintings, collections, gold etc etc which do not have a title and are best handled / disposed by means of the LoW. Update your LoW as and when required. There is no need to have it attested or registered.
7. Funeral rites and Organ donation Since Human Organ Transplant Act 1994 India, you do not need to fill in any form, register etc. Organs are harvested only from clinically dead (not accident cases etc) and its success depends on the permission given by your loved ones to the hospital / foundation at that time. Organ / body donation therefore is best ensured by informing / discussing with your loved ones your preferences. There is no need to 'sign-up' or 'make a pledge' or have an organ donor card etc.For more information on organ donation click here
8. Doctor's Letter (optional): Only required if you expect the Will to be challenged or disputed at a later date

1. Inform your children, family and all your close friends that you have made a will
2. However do not mention to the legatees, beneficiaries, especially if they are your children, about the specific provisions and contents of your will. Over the years, we have observed no discernible benefits when clients divulge details. On the contrary such details often plant the seeds of discontent and later conflicts, no matter how well intentioned.
3. Do not disclose the specific location of your will. However you could inform your beneficiaries, family and important friends for example “in case of emergency, important documents can be found in my Bangalore Flat“
4. Your will has no expiry date. It needs to be rewritten only if you want to change the beneficiaries. Do not attempt to scratch out or modify content yourself.
5. Refrain from sharing your will or even its format with others. It is also never a good idea to 'involve yourself' in helping others draw up a Will. Please ensure that they get professional help since an accurate Will has to be customized to suit particular age, religion, sex, specific net worth size, particular asset types, asset domicile, whole/partial asset ownership and catering to specific conditions relating to dependent / handicapped children, their marital status etc. Attempting to adapt wills could inadvertently introduce errors or omissions, which could have serious consequences for the surviving family.
6. Our Legal department also undertakes succession certificates and probating of Wills on death of the holder. Please inform your family and friends that they / anyone who needs help with probating a Will (getting court issued letters of administration) can contact our office. Deca legal handles cases both with and without Will's

• Registration is not mandatory and not even necessary for the vast majority of persons drawing up Wills
• Once a Will  is registered, any addendum, codicil etc thereafter should ideally also be registered
• Registration authenticates the testator and the validity of the testors (consent) signature
• A copy of registered Wills is usually stored in a government repository
• Registration can be done wherever you live, in India or Overseas. In India the local sub-registrar registers Wills, Overseas please contact your nearest consulate, embassy, VFS, BFS etc
• Ref FAQ 22-27 for 'tips' for trouble free registration
• We are not allowed to accompany clients during registration

1. When should I review / change my will?

2. • If you marry or divorce
   • The birth or adoption of children
   • To add or change guardians for children
   • A significant change in financial status
   • The death of a beneficiary
   • A significant change in tax laws
   • A desire to add beneficiaries
   • A desire to change beneficiaries
   • The death or incapacity of a named executor or trustee
3. Have you provided interim Income replacement cover for your legatees?
4. Have you provided 'top-up' health cover for yourself and immediate dependents?
5. Have you insured your loans / outstanding's so that legatees are not burdened with repayment?
6. Have you set up a liquid endowment for your legatees via an annuity? Annuities are secure / often tax deductible / in certain cases legally out of the reach of debt recovery authorities?

7. Contact Ms. Vidya / Ms. Priya for assistance

My father was relatively young when he died intestate (no Will). Even though he had planned to make a Will he never got round to it. His death came as a surprise. I now know first hand the extra effort, time and cost needed to obtain a court probate when there is no Will and when the matter is open to all sorts of interpretations and objections from both close and not so close persons. I now advise every family member and friend, irrespective of age and health to make a Will. My life would have been much easier had my father left a Will - C. K. S. Mumbai/Muscat 2007