Why Consulting a Lawyer for Wills Is Very Important for Proper Estate Planning

Estate planning is not only for wealthy or elderly people, but something every responsible person must undertake. A properly prepared plan will ensure your property goes where you want it to go and your loved ones are well protected. But doing it yourself subjects you to legal issues, confusion, or conflict. Consulting a Lawyer for Wills is a smart and essential move.

What is a Will and Why Does it Matter?

A will is a statement that describes how your money, belongings, and property will be distributed after you pass away. It also enables you to name guardians for your children, choose an executor to manage your estate, and make any special wishes.

Maintaining a legally valid and clear will ensures:

  • Your home is safe with us.
  • Your family avoids unnecessary legal issues. 
  • Misunderstandings and conflicts are reduced.
  • Your minor children are safe and protected.

The Risks of Writing a Will Yourself

Most people try to write their wills using online forms or copying from the web. It is a cost-saving and simple way, but it has several risks:

1. Legal Validity Issues

Wills must comply with certain legal requirements if they are to be valid. Your will may be challenged or even declared invalid if it does not meet local law.

2. Ambiguities in Language

Unclear instructions or wrong phrasing may lead to confusion and misunderstanding. A precise legal language used by an Attorney for Wills is free from such problems.

3. Missing Key Clauses

A DIY will can lack essential clauses such as residuary clauses, revocation of earlier wills, or distribution based on stated assets, which can lead to problems in the future.

4. Family Conflicts

Incorrect or legally suspect wills often lead to family conflicts. A professional will prevent these risks by making their desires clear.

The role of a Wills Lawyer in Estate Planning

Employing a Lawyer for Wills does more than producing a document. Their advice makes your estate plan legal, tailored to your needs, and functional.

1. Right Asset Allocation

A lawyer helps you list all your assets—movable and immovable—and ensures proper distribution to avoid future claims or confusion.

2. Legal Language and Tax Implications

Estate planning involves words like probate, executors, guardianship, etc. A lawyer clarifies all these and helps you plan in such a way that reduces the tax burden.

3. Safeguarding Vulnerable Beneficiaries

If you have children, elderly parents, or differently-abled dependents, a lawyer helps you plan their financial security legally and correctly.

4. Changing the Will When Required

Your situation can change—marriage, kids, getting new properties, etc. A lawyer for wills helps you revise and update the will as situations require better match your current situation.

When to Talk to a Lawyer About Wills?

While it’s never too early, some life situations force one to consult with an attorney:

  • After marriage or divorce
  • Concept of a child
  • Purchase of property or valuable assets
  • Starting a business
  • Aging or health problems

Even if you already have a will, having it updated by an attorney ensures that it is valid and reflects your current wishes.

Myths Surrounding Employing a Lawyer to Make Wills

Let’s clear some myths that stop people from availing the services of experts:

1. “I Don’t Own Much”

Even if you have little property, a will ensures that they are transferred to the right people without involving the courts.

2. “Lawyers Are Expensive”

Several lawyers offer affordable will-writing packages. Not having a valid will can cost many times more in legal costs and disputes.

3. “I Can Do It Online”

Online templates cannot address unique personal or legal circumstances. An individualized recommendation that no template can give is provided by A Lawyer for Wills.

Role of a Will Lawyer in Preventing Probate Delays

Probate is a court procedure of validating a will and distributing property. A poorly drafted will can make this time-consuming and expensive. An attorney ensures that:

  • The will is crafted to simplify probate.
  • There are witnesses and signatures in place.
  • Executors are duly nominated.

This reduces downtime and provides faster access to assets by your family.

Final Thoughts

Estate planning is not so much about money—it’s about peace of mind, family unity, and leaving a clear path. Working with a Lawyer for Wills gives you the peace of mind that your wishes will be followed and your loved ones will be cared for properly. 

Don’t wait for the “right time.” The right time is always now. Regardless of whether your estate is great or small, ensure that your will is legally satisfactory and appropriate to your situation by way of professional guidance. 

If you are considering writing or amending your will, you can go ahead and look for such qualified professionals as a Lawyer for Wills who will assist in simplifying the details for you in easy and understandable language.

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How to get anticipatory Bail in India ?

Anticipatory Bail

Relief Against Unlawful Arrest: Understanding Pre-Arrest Protection

Concept

Anticipatory bail protects individuals at risk of arrest for non-bailable offenses. Specifically, it allows those fearing arrest to seek protection before any police action occurs. Under Section 438 of the Code of Criminal Procedure (CrPC) and Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), anticipatory bail provides relief until the trial concludes or the court issues a different directive.

Steps to File Applications

Individuals who fear arrest for cognizable and non-bailable offenses can file an anticipatory bail application. Importantly, they can submit this application even before the police register an FIR, provided they have reasonable grounds for their apprehension. However, they should not file without a legitimate fear of arrest.

Jurisdiction of the Court for Applications

Applicants can file anticipatory bail applications in either the Sessions Court at the district level or the High Court at the state level. Generally, the Sessions Court handles these applications; however, the High Court considers them only in cases of extreme urgency.

Points for Consideration before Granting Bail

Judges exercise discretion when granting anticipatory bail, and they consider several key factors, including:

  • The nature and seriousness of the offense
  • The likelihood of the accused absconding
  • The potential for evidence distortion or witness influence

Moreover, the Supreme Court established principles for granting anticipatory bail in Gurbaksh Singh Sibbia & Ors. vs. The State of Punjab (1980) and reiterated these principles in Siddharam Satlingappa Mhetre vs. The State of Maharashtra (2011).

Time Period of Relief

Once the court grants anticipatory bail, it remains effective until the trial concludes, as confirmed in Sushila Aggarwal & Ors. vs. State (NCT of Delhi) (2020).

Conditions Imposed by the Court for Granting Relief

While courts have discretion in granting bail, they may impose specific conditions, such as:

  • Ensuring the accused’s availability during police interrogations
  • Prohibiting threats or influence on witnesses
  • Requiring court permission before leaving the country
  • Complying with signed bonds
  • Avoiding further offenses and tampering with evidence

In exceptional cases, courts may apply restrictive conditions based on the specific facts of the case, as reiterated in Sushila Aggarwal & Ors. v. State (NCT of Delhi) (2020).

Right to Appeal

If a Sessions Court denies an anticipatory bail application, the applicant can appeal to the High Court. If the High Court denies the application again, the applicant may seek relief from the Supreme Court by filing a Special Leave Appeal under Article 136 of the Constitution of India, contingent upon the Supreme Court granting leave.

Timeframe for Filing Applications

The Supreme Court has established that no time limit exists for anticipatory bail applications in India. For instance, in Sushila Aggarwal v. State of NCT of Delhi (2020), the Court affirmed this position, allowing an accused in one case to seek anticipatory bail for a different case without restriction.

Grounds for Cancellation of Relief

The court may cancel bail if the accused violates any set conditions, such as absconding or attempting to influence witnesses. In such cases, the police or investigating agency can.

Written by: Indu Tarmali, 2nd year B.A.LLB, WBNUJS


Read aboutRIGHTS OF VICTIMS UNDER BNSS, 2023.

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