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Will

Also written Making a Will

A written legal declaration of how a person wants their assets distributed after death. Registration is not compulsory but preferable; without a Will, assets pass under personal laws.

In plain language

A Will is your instruction to the world about who gets what after you die.

Without one, the law decides for you, according to personal laws and relationships, and the result may be very different from what you wanted. Families can end up in court for years.

The booklet stresses one reassuring point: making a Will is a simple process. You can write it on plain paper, or take a lawyer's help. It is described as an essential part of estate planning.

How it works

How to make a Will (Chapter 7):

  1. Make a list of movable and immovable items.
  2. Decide which asset goes to whom, partly or fully.
  3. Name the person who will execute the Will (the executor).
  4. Preferably get it witnessed by a doctor and a lawyer, which gives it authenticity.
  5. Registration is not compulsory, but preferable.
  6. Write it on plain paper or with a lawyer's help.

Problems when there is no Will:

  • Beneficiaries and their shares are not what you would have liked.
  • Assets are distributed as per personal laws and relationships.
  • It may lead to expensive litigation among beneficiaries and other claimants.
  • Succession disputes can take years and be costly; even without disputes, the process can reduce what heirs receive.

After death: legal heirs approach banks, depositories, mutual funds and insurers with the death certificate and a legal heir's certificate. If there is a Will, assets are distributed as per the Will. Without one, the transfer is made only to legal heirs.

Will and nomination are different. A nominee only has custody of the money and has no ownership rights; the nominee must pass it on to the rightful heirs.

A worked example

Amounts and family details are illustrative.

Mr Venkatesh, 68, of Visakhapatnam, owns a flat worth Rs 70,00,000, bank FDs of Rs 15,00,000 (his elder son is nominee), and shares worth Rs 8,00,000 in his demat account.

He wants the flat to go to his daughter, who has cared for him for ten years, and the FDs and shares to be split equally between his two sons.

Without a Will: the flat would pass under personal law, likely in shares to all his legal heirs, not to his daughter alone. And the elder son, as FD nominee, would receive Rs 15,00,000 only as custodian, bound to pass it on to the legal heirs, as in the booklet's example of Suresh and his nominee Ramesh.

With a Will: he lists his assets, gives the flat to his daughter, splits the FDs and shares between his sons (Rs 7,50,000 and Rs 4,00,000 each), names his daughter as executor, gets it witnessed by his doctor and his lawyer, and registers it, which the booklet calls preferable though not compulsory.

Why NISM asks about it

Chapter 7 (Pension, Retirement and Estate Planning) covers the Will as the core of estate planning, how to make one, the problems in its absence, nomination, power of attorney and transfer of assets after death. Expect: is registration compulsory (no), who should preferably witness it (a doctor and a lawyer), and what happens without a Will (personal laws; transfer only to legal heirs).

Common exam traps

  • Registration of a Will is not compulsory, only preferable.
  • Plain paper is enough. A lawyer is optional.
  • A nominee is not an owner. A Will decides ownership; nomination gives custody.
  • The preferred witnesses are a doctor and a lawyer in the booklet.
  • Without a Will, distribution follows personal laws, and transfer goes only to legal heirs.
  • A Will is part of estate planning, not the whole of it. Nomination and power of attorney sit alongside it.

Where this is taught

Free preparation for NISM Series X-B

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