by Sangeeta Deogawanka

Created on: September 27, 2007   Last Updated: October 31, 2008

A will is the legal declaration of how a person wishes to dispose of his possessions after his death.
The document is legally executed thereafter, as per the wishes expressly stated. So utmost caution is to be taken while drafting the document, to prevent any transgression or dispute.

This is the ultimate testament of the person making the will. Once a will is made, there can be no backtracks. The only way mistakes can be remedied is by drafting another fresh will, declaring the previous one null and void. So for a person to ensure that his desires will be carried out in toto after his death, the will should be absolutely watertight and legally valid. It should also be clear and leave no space for ambiguities.

Thus care is to be taken to avoid these 7 mistakes in drafting a will:

1. Not Dating and Signing the document

This is an oft committed mistake, as the person making the
will assumes that one signature at the end of the document
shall suffice.

However, when a person has made more than one will or
repeatedly altered his will, a document that is duly signed
and dated on all the pages becomes significant. The last
dated document then prima facie becomes the legitimate will.

The person ought to sign in presence of his two legal
witnesses. The witnesses are also required to sign
throughout the will. The again, any beneficiaries of the
will cannot be witnesses.

Signing and dating all pages, by the benefactor and
witnesses, lends authenticity to the will.

2. Drafting an illegible, ambiguous document

Presentation of the document is mostly ignored. Where the
text is not clearly typed or legible, it gives reason for
the executor to interpret as per his choice. Also, where the
words are couched in ambiguous terms, it leaves space for
multiple interpretations.

A practical document, neatly typed, compactly presented, is
easy to understand and easy to execute.

3. Not mentioning that this will supersedes any previous will

This is an error of omission, where the person overlooks the
clause citing the current document supercedes any previous
document or will drafted by the person'.

This mistake becomes grave where there exists or emerges
more than one will. It may even make the will ineffective
or null and void.

4. Not supporting the will with document and videos

A person drafting a will mistakenly assumes that his will
alone suffices for execution. So he does not keep copies of
important / relevant contracts and documents, nor mentions
their existence in the will being

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