Most of the time people are of the opinion that a Will is nothing but a piece of paper, where they write what should be done with his property after his death, sign it with a date and leave it. However, the making of a Will is very technical and needs a lot of expertise. A simple mistake in a Will can lead to lengthy and costly litigations which can be avoided if the Will is properly drafted. It is therefore suggested that a Will should be drafted by an expert i.e. a solicitor and no one should try to a draft a Will himself or herself. Section 9 of the Wills Act, 13 states that “No will shall be valid unless : it is in writing, and signed by the testator, or by some other person in his presence and by his direction and it appears that the testator intended by his signature to give effect to the will;and the signature is made or acknowledged by the testator in the presence of two or more witnesses present at the same time; and each witness either – (i) attests and signs the will; or (ii) acknowledges his signature, in the presence of the testator (but not necessarily in the presence of any other witness), but no form of attestation shall be necessary.” There are briefly the formalities that are to be followed while making a Will but they might change from one situation to another. Specific rules are also laid down regarding the beneficiaries and the spouses of beneficiaries who are acting as witnesses to the Will. The making of a Will is very difficult and only a reckless person will rely upon a Will made by anyone other than a solicitor. One out of three adults have a low value Will that can provide the benefits of the same at a moderate cost.
