Will Planning: Protecting Your Family’s Future and Your Life’s Work..!
M. V.
Santosh B.E,
MVS INVESTMENT SERVICES
📞 +91-9840817541, ARN - 800646
A Will is not merely about distributing wealth. It
is about ensuring that the wealth you worked hard to create reaches the people
you intend, with minimum confusion and conflict.
For 30
years, a man worked hard to build a secure financial future for his family.
Over the years, he purchased a house and land, accumulated bank savings and
invested in mutual funds. He had two children and always believed that, after
his lifetime, they would divide his assets equally and live harmoniously.
But life
did not unfold as he had imagined.
After his
death, questions arose about which property should go to which child, how the
investments should be divided and who should take responsibility for settling
his financial affairs. What the family had assumed would be a simple division
of assets eventually became a source of disagreement.
The
problem was not a lack of wealth. It was a lack of clarity.
A
properly prepared Will could have made his wishes clear and potentially reduced
much of the confusion.
What Exactly Is a Will?
A Will is
a legal document through which a person records how his or her assets and
rights should be dealt with after death.
In simple
terms, it answers an important question: “When I am no longer here, who
should receive my assets, and in what manner?”
A Will
can cover a wide range of assets, including a house, land, bank deposits,
shares, mutual fund investments, gold, vehicles and other financial or physical
assets.
More
importantly, a Will gives the person creating it an opportunity to express his
or her intentions clearly rather than leaving family members to make
assumptions later.
Why Should You Prepare a Will Early?
Many
people postpone Will planning, believing that it is something to be done only
after retirement or at an advanced age.
That
approach can create unnecessary complications.
There is
generally no need to wait until a particular age to make a Will. A person who
is legally competent and understands the nature and consequences of the
decisions being made can prepare one.
In fact,
Will planning can become particularly important once a person starts
accumulating meaningful assets or taking on family responsibilities.
A Will
should also not be treated as a document that is prepared once and forgotten
forever. Marriage, the birth of children, purchase or sale of property, changes
in family circumstances and major changes in investments may all be reasons to
review it.
What Should a Will Contain?
A Will
should be precise enough to minimise ambiguity. Simply stating, “My property
should go to my children,” may not be sufficient when a person owns multiple
assets.
The
following information should be considered:
|
Particular |
What It Should Cover |
|
Testator |
Full
name, address and relevant identification details of the person making the
Will |
|
Family
details |
Spouse,
children and other relevant family members |
|
Assets |
House,
land, bank deposits, shares, mutual funds, gold and other assets |
|
Beneficiaries |
The
individuals who are intended to receive the assets |
|
Distribution |
Which
asset or what proportion should go to each beneficiary |
|
Executor |
The
person appointed to carry out the instructions in the Will |
|
Witnesses |
The
signatures required under applicable law |
|
Date |
The
date on which the Will was made |
Property
descriptions should be as specific as possible. Financial investments should
also be identified clearly so that the family can locate them without
difficulty.
Why Is the Executor Important?
One of
the most overlooked aspects of Will planning is the appointment of an executor.
The
executor is the person appointed to help implement the instructions contained
in the Will. Depending on the circumstances, the executor may need to identify
the assets, settle liabilities, complete necessary formalities and facilitate
distribution of the estate among the beneficiaries.
The
executor should therefore be someone who is trustworthy, responsible and
capable of handling financial and administrative matters.
For a
simple estate, a reliable family member may be suitable. Where there are
substantial assets, multiple properties, business interests or complicated family
circumstances, professional legal advice may be appropriate when deciding how
the Will should be structured and whom to appoint.
A
well-chosen executor can help ensure that the wishes expressed in the Will are
implemented in an orderly manner.
Is Registration of a Will Compulsory?
Registration
of a Will is generally not compulsory. An unregistered Will can be valid if it
satisfies the applicable legal requirements.
However,
registering a Will can offer practical advantages, particularly when it comes
to establishing the existence of the document and dealing with certain
procedural issues later.
At the
same time, people should not assume that registration automatically makes a
Will dispute-proof.
The
manner in which the Will was prepared, the legal capacity of the person making
it, whether the decision was made voluntarily and whether the required
witnessing requirements were properly followed can all be important.
Therefore,
registration is only one aspect of Will planning; proper drafting and
execution are equally important.
Can You Change Your Will?
Yes. A
Will can generally be changed during the lifetime of the person who made it,
provided that the person remains legally competent to make such decisions.
Family
and financial circumstances can change considerably over the years.
For
example, someone may initially decide to divide assets equally between two
children. Later, circumstances may change because of a marriage, the birth of
grandchildren, the purchase of additional property or other family considerations.
In such
situations, the Will can be reviewed and, where appropriate, replaced or
amended in accordance with applicable law.
When
making a new Will, care should be taken to avoid contradictions with earlier
documents. Appropriate legal advice can help ensure that the latest valid
wishes are clearly recorded.
Nomination Is Not the Same as a Will
This is
one of the most important areas of estate planning.
People
often assume that appointing a nominee for a bank account, insurance policy or
mutual fund investment automatically determines who will ultimately inherit the
asset.
That is
not necessarily the case.
Nomination
and succession serve different purposes, and the ultimate entitlement to an
asset can depend on applicable succession law and the valid estate-planning
documents.
Therefore,
investors should keep their nominee details updated while also ensuring that
their Will clearly reflects their intended distribution of assets.
A
mismatch between nominations and the Will can create unnecessary confusion and
should ideally be reviewed as part of an overall estate plan.
What About Jointly Owned Assets?
Joint
ownership requires particular attention.
If a
property or other asset is jointly owned, a person generally cannot use a Will
to distribute more than the share or rights legally belonging to that person.
Therefore,
the ownership structure of property and investments should be reviewed before
preparing the Will.
This is
especially important for jointly owned houses, land, bank accounts and other
financial assets.
Keep an Asset List Alongside the Will
A Will
may state who should receive an asset, but family members also need to know where
the asset is located and how to access the relevant records.
It is
therefore useful to maintain a separate and updated asset statement covering:
- Bank accounts and fixed
deposits.
- Mutual fund investments.
- Shares and other securities.
- Insurance policies.
- Properties and land
documents.
- Gold and other valuables.
- Loans and other liabilities.
- Important financial and legal
documents.
This
asset list can be updated whenever there is a significant financial change.
However,
sensitive information such as passwords and PINs should not simply be included
in the Will. They should be handled securely through appropriate arrangements.
A Will Is Not Only for the Wealthy
There is
a common misconception that Will planning is meant only for people with crores
of rupees in assets.
That is
not true.
A modest
house, a small piece of land, bank savings, mutual fund investments, insurance
proceeds or even personal belongings can have considerable emotional and
financial value to a family.
The
larger the family and the more complicated the asset structure, the greater the
importance of clarity.
Ultimately,
the purpose of a Will is not to demonstrate how wealthy a person is. It is
to make his or her wishes clear.
Will Planning Is Also Relationship Planning
Money and
property can bring families together, but they can also become sources of
disagreement.
A clearly
drafted Will can reduce the scope for assumptions such as “Dad always intended
this property for me” or “We had agreed to divide the investments equally.”
By
putting intentions on record, a person can reduce uncertainty and give family
members a clear framework for dealing with the estate.
That is
why Will planning should be viewed not merely as an exercise in wealth
distribution but as a form of family risk management.
The Bottom Line
We spend
decades earning money, buying property, investing and building financial
security for our families.
But
creating wealth is only one part of financial planning.
The other
part is deciding how that wealth should be transferred when we are no longer
around.
Writing a
Will does not mean that you distrust your family. On the contrary, it can be an
expression of responsibility and consideration for the people you leave behind.
The
message is simple:
“I want
my family to know exactly what I intended, so that they do not have to guess
after I am gone.”
Whether
your assets are modest or substantial, Will planning deserves a place alongside
retirement planning, insurance planning and investment planning.
Prepare
the Will carefully, seek appropriate professional advice where necessary, keep
nominations updated, maintain an asset list and review the Will whenever there
is a significant change in your family or financial circumstances.
After
all, true financial planning is not just about creating wealth. It is also
about creating a clear, orderly and responsible path for that wealth to reach
the next generation.
.
For More
details and Investing
M. V.
Santosh B.E,
MVS
INVESTMENT SERVICES
📞
+91-9840817541
Email id;
santoshmadana@yahoo.com
ARN - 800646
MUTUAL FUND, FINANCIAL PLANNING | HEALTH INSURANCE,
TERM INSURANCE | ESTATE PLANNING | TAX PLANNING, RETIREMENT PLANNING
Address:
MVS
INVESTMENT SERVICES
F2 Meadows, Plot No. 48, Subramaniam Street,
Chendurpuram, Kattupakkam,
Chennai – 600 056, Tamil Nadu, India
Disclaimer: Mutual Fund investments are subject to market risks, read all scheme
related documents carefully. The past performance of the mutual funds is not
necessarily indicative of future performance of the schemes.


