Excluding an heir? Specify reasons to avoid court battles

If you anticipate a dispute, use a family settlement to pre-empt it

- SANJEEV SINHA

In a recent case — Metpalli Lasum Bai (deceased) & Others vs Metapalli Muthaih (deceased) — the Supreme Court held that a registered Will carries a presumption of genuineness, and the burden of proof lies with the party contesting its validity. Those preparing a Will must exercise a lot of care to minimise the possibility of dispute.

Key features of a Will

A Will expresses how the testator's (person making it) assets will be distributed after death. "Its objective is to record the testator's instructions regarding how their estate should be dealt with, who will benefit from it, how surviving dependants should be cared for, and who should ensure that these instructions are honoured," says Palecanda M Chinnappa, partner, CMS IndusLaw. It also serves the purpose of averting disputes among legal heirs.

The testator must be of sound mind and at least 18 years old. The Will can be handwritten or typed on plain paper. "Notarisation is not mandatory, though it can add evidentiary value in disputes," says Darshana Velani, principal associate, IndiaLaw LLP.

The Will should list all assets and specify how they are to be divided. It should be dated and signed by the testator. No fraud, coercion, or undue influence should occur during its creation. "Two witnesses need to witness and attest that the testator voluntarily and knowingly drew up and signed the Will," says Chinnappa.