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Monday, July 23, 2018
How to update a Will - How to include a new property in a Will - 9840802218
Not updating the will
DON’T THINK your job is over once the will is made. If there is any alteration in the status of either assets or heirs, you should draft another will to incorporate the changes. There is no limit on the number of times you can update the will. Any lifestage development, such as the birth of a child, marriage or divorce, will call for a redistribution of assets. Similarly, if any asset has been sold or new ones bought during the testator’s lifetime, these will have to be removed or included in the list as per the owner’s wishes.
For Nagaraj, who is self-employed, this is a real possibility because he is only 47 and has two kids, one of whom is a minor. “If there is a change in my assets, which is very likely, I will update the will,” he says.
Updating is not very difficult. All you have to do is to draft a new will, including a declaration that it is your final will and revoking all other previous wills and codicils (this is a document executed by a person who had previously made a will, but wants to modify, delete or revoke it). Put in the changes as desired and have it witnessed and signed as in the case of your earlier will.
You should also register the updated will, rendering the previous one invalid. This doesn’t, of course, mean that the unregistered will shall not be considered by the court, since as per law, the last drawn will is considered whether it is registered or not.
Do you need to go through probate if there is a Will? • Can you avoid probate by having a Will ? • How do I apply if there is no Will ? • How to apply for a probate ? For Legal queries Daniel & Daniel Attorneys & Solicitors 2132, Vasantham Colony, Annanagar-West, Chennai-600040 Phone: 9840787702 email: advocatechennai@gmail.com
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