How Mr. Dholakia Chose Clarity Over Chaos
Mr. Dholakia: Srini, I’d like to
prepare a Will, and so would my wife, but we want separate Wills, not a joint
one. Each Will should clearly state that if one of us passes away first,
everything goes to the surviving spouse. After both of us are gone, only then
should the children inherit.
CA Srini: That is a very clear and
sensible structure, sir. Separate Wills will give each of you full independence
while still reflecting your common intention. I’ll make sure the bequest to the
surviving spouse is expressed in unambiguous terms.
Mr. Dholakia: Good. I want the wording
to leave no room for misunderstandings later.
CA Srini: Absolutely. Now, before
drafting, let me briefly mention the types of Wills. There are privileged
Wills, meant only for defence and maritime personnel, they can even be oral or unsigned to suit
emergency circumstances.
Mr. Dholakia: That’s not relevant in
our case.
CA Srini: Correct. For both of you, we
will prepare unprivileged Wills. These are the normal Wills used by
civilians - written, signed, and properly attested by witnesses. That is the
most secure and widely followed approach.
Mr. Dholakia: Excellent. One more thing,
I don’t want to go through the registration process. I’m comfortable simply
notarising the Wills once they’re signed.
CA Srini: Notarisation is perfectly
acceptable, sir. Registration is optional. A properly drafted and correctly
executed Will remains completely valid even without registration. Notarisation
adds documentation and helps maintain a formal record, which many clients
choose.
Mr. Dholakia: Exactly. I’m looking for
something clean and simple, without too much running around.
CA Srini: Understood. In addition, I
strongly recommend obtaining a doctor’s certificate confirming that the
testator is of sound mind at the time of signing. It’s not mandatory, but it is
extremely helpful in preventing allegations of mental incapacity after someone
has passed.
Mr. Dholakia: I think that is a smart
safeguard. I’ll get the certificate before we arrange the signing.
CA Srini: Perfect. We’ll organise the
execution in the presence of two witnesses and then immediately get both Wills
notarised. I’ll prepare the drafts based on your instructions and once you and
your wife review and approve them, we’ll schedule the signing.
Mr. Dholakia: Thank you, Srini. I feel
relieved already. This is something I’ve wanted to settle for a long time.
CA Srini: It’s my pleasure, sir. Planning
now ensures your intentions are honoured and your family is protected without
complications.
Good to get clarity that registration is not mandatory. That one formality tends to deter many from the process
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