Living Wills: Planning for Tomorrow, Today

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When we think of a Will, we often imagine a document that distributes our assets after we’re gone. But what if we told you there’s a way to make your wishes known while you’re still alive—especially when you’re unable to speak for yourself? That’s exactly what a Living Will does.

At WillEffect, we believe that planning ahead isn’t just smart—it’s empowering. Let’s break down what a Living Will is, why it matters, and how you can create one.

What is a living will?

A Living Will (also known as an Advance Medical Directive in India) is a legal document that allows you to state your preferences for medical treatment in case you become seriously ill or unconscious and can’t express your wishes.

In simple terms, it lets your loved ones and doctors know what kind of medical care you do—or do not—want if you’re ever unable to make decisions.

Why is a living will important?

Life is unpredictable. Medical emergencies can strike without warning. In such moments, your family may face emotional and ethical dilemmas, not knowing what you’d want.

A Living Will helps in:
– Avoiding unwanted treatments like being kept on life support against your wishes.
– Ensuring your voice is heard, even when you can’t speak.
– Easing the burden on your family.
– Protecting your rights and dignity.

Is a living will legal in India?

Yes, it is. In 2018, the Supreme Court of India recognised the right to die with dignity and allowed individuals to draft Living Wills. In 2023, the procedure for making one was further simplified. Now, any adult of sound mind can make a Living Will and appoint someone they trust to carry out their wishes.

What can you include in a living will?

Your Living Will can state:
– Whether you want to be put on a ventilator or feeding tube.
– If you wish to be resuscitated in case of cardiac arrest.
– Your preferences for pain relief and palliative care.
– Who should make decisions on your behalf (your “healthcare proxy”).

Who should make a living will?

Everyone. Especially those who:
– Have strong opinions about life support or medical treatment.
– Want to ease decision-making for their family during difficult times.
– Believe in planning for every stage of life, not just the end.

How can WillEffect help?

At WillEffect, we can help you to

– Understand your options and
– Prepare a legally compliant document.

A Living Will is not about giving up. It’s about taking control. It’s about living with dignity and giving your family the greatest gift of all—clarity in crisis.

Will he; Won’t he??

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Greetings from WillEffect; we are back once again!

In this article, we share with you key factors to consider when drawing up a will. They are based on some of the frequently asked questions that have come our way.

If our earlier articles grabbed your interest, we are sure this will have you glued to your seat!

Is a will a legal document? If yes, does it have to be drawn on a legal paper?

While a will is a legal declaration of the one drawing it; it need not be on a legal paper. For that matter, the paper does not have to be even stamped or notarised.

When should I write my will?

Ideally; at the earliest possible. And, when you are of sound mind and body. In fact, you can draw up a will any time after you turn 18 years of age; the Constitution of India gives you the right to. There is no specific right age but events such as change in marital status, children, terminal illness etc. are some of the times it is important to write a Will. We recommend drawing up a will once you have ‘settled down’ and/or you take up a job or profession and have accumulated some assets which you would like to pass on to someone after you.

How many times am I allowed to change my will? Do I need to register it?

A will is a declaration of your wishes to distribute your estate after death; and you can change your wishes as many times as you wish. Hence, technically, you could re-write your will every time you have a change of mind. It is adequate to review your will at once every three years. It is not mandatory to register your will. A will is legally enforceable even without being registered.

Should the witnesses be a doctor and a lawyer only and should I disclose the contents of my will to the witnesses?

It isn’t necessary to have only doctors or lawyers as your witnesses. Any person other than the beneficiaries can be a witness. You need a minimum of two. Ideally, the witnesses should be younger than you, of sound mind, and someone from the same city or town for the sake of convenience. If you are a senior citizen, it is always helpful to have a doctor’s certificate stating you to be of sound mind and body at the time of writing of the will. The witnesses need not read the contents of your will, they are only witnessing your signature.

Do I need to appoint an executor? Do I need to seek his/her permission to take on the role?

It is always advisable to appoint an executor of your choice or the court will appoint one for you. The executor, too, should ideally be younger than you and someone from the same city or town for convenience. Any of the beneficiaries could also double as an executor. Oh, and do take the potential executor’s permission before naming him/her as one to avoid any issues in the future.

Do you have a nuclear family and wonder if you need a will? We will touch upon this in our next email. In the mean time, we would love to hear from you if you have any query or doubt. You could call us on +91 022 61471090 or write to us at support@willeffect.in.

Happy estate planning!

Maybe he will!

 

Where there is a Will……..

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Dear Reader

We would like to introduce you to a secret that will enable you to fulfil your dreams.

And it is really quite simple. Honest!

Most of us have dreams that involve goals for ourselves and our loved ones– buying your own house, sending your child abroad for higher education, giving your children the destination wedding they have longed for, building a nest egg for retirement.

The list is as varied as it is endless. And it is delightful when we are able to fulfil those dreams!

However, sometimes, misfortune could strike and prevent us from doing so– something as grave as death. What happens then? How can you ensure that your efforts are not in vain?

While most of us plan for our future, we tend to miss out an important element that could help secure that future for us and our loved ones.

A will.

Drawing up a will not only addresses the above issues; but also helps you to transfer your assets, what you have worked for your entire life, to the right people in an efficient manner. And, there is no time like the present to do so.

Furthermore, it is not a hassle. It is quite simple; especially if you seek assistance from those who have experience in doing it.

At WillEffect, we are committed to making this experience hassle-free for you for a reasonable cost. We believe that you shouldn’t have to trouble yourself for securing what you have worked so hard to achieve. Where there is a Will, there is a dream to be fulfilled

Here’s to a secure future!

 

Make a Will, Nomination doesn’t cover all assets

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Please click on the link below to read our article on why Wills are imperative despite having nominations on assets. This article appeared in the DNA dated 3rd May 2016.

http://epaper.dnaindia.com/epapermain.aspx?pgNo=13&edcode=820009&eddate=2016-05-03#

WHERE THERE’S A ‘WILL’ THERE’S A WAY!

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A large proportion of Indians find the thought of making a Will morbid. Familes find it taboo to bring it up in conversation, not realizing the implications of not leaving behind a Will. A sizeable proportion of Indians do think of writing a Will at some stage but put it at the back of their minds daunted by the thought of it being a complicated and lengthy process involving multiple visits to a lawyer and significant costs.

WillEffect offers its clients a confidential, quick, easy and convenient way to make their Wills online with offline support whenever required. Whats more is that WillEffect offers their clients these Wills based on the knowledge of lawyers of great repute at a fraction of the cost.

The only way to ensure that your assets are passed on to the people you want is to make a Will. Not having a Will can lead to…

  • Somebody that you didn’t want to benefit from your estate may receive a share of it.
  • Someone that you did want to bequeath some of your assets to, gets nothing.
  • Your spouse not inheriting all of your estate.
  • If your spouse remarries after you die, your children may not get all the inherited estate.
  • A divorced spouse may lay a claim on your estate.
  • Disputes within the family over your estate.
  • Minor children’s interests not being looked after.
  • Insurance policies and company dividends remaining unclaimed.

In todays world of uncertainty, in the age of terrorist attacks, frequent plane crashes and sudden deaths at a young age, it is absolutely imperative to make a Will to ensure your loved ones are taken care of.

WillEffect makes the daunting task of making a Will easy, quick and straightforward.

Don’t Make The Picasso Mistake

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Pablo Picasso died on April 8th, 1973 at the advanced age of 91. Not only did this date mark the end of arguably the greatest artist of the 20th century, but also started a long legal battle because he died without a Will. Until 2015, various claims for his massive estate have been grinding a long drawn litigation battle in France. Apart from the extensive property owned by him, hundreds of unpublished and published artworks were also the subject of much interest.
Picasso left behind legitimate and illegitimate children, legitimate grandchildren and more than one partner. To add to the mess, his employees and coworkers (drivers, assistants, students, agents etc.) also felt they that they deserved a share of his fortune.
Most financial institutes will agree that it is very difficult to put an exact value to art, especially works that have never been bought or sold before. Various agencies put value to his estate ranging anywhere between $260 million to $1 billion. Over and above the physical works, lay the legal power of authorizing Picasso’s works that might be discovered in the future.
Another point of conflict was the commercial use of the Picasso name itself. His legit son Claude Picasso and granddaughter Marina Picasso were for years in a legal tussle about whether or not the name can be used as a branding and marketing tool for commercial products, and if so then who will reap the benefits from such a sale of copyrights. Marina Picasso also sold the reproduction rights of hundreds of Pablo Picasso’s works that she owned. Paloma Picasso has been selling jewellery and perfumes under that Picasso brand name.

Exhibitions around the world that house Picasso paintings continue to generate income for the artist, that could go to an unsettling number of parties. Many believe that he didn’t leave behind a Will because he was conflicted himself about who should be heir to his wealth.
Succession is often a topic that is labelled either morbid or awkward to discuss, for obvious reasons. But leaving behind a Will is an essential, even if you are not an artistic genius. It will save your heirs time, effort and financial resources, which would have been spent in litigation battles. Succession of large estates that will yield future income (dividends, interest) and appreciation (capital gains) can be made tax effective with the right financial advice. It is also important to note, that registering a Will, forming a trust fund and nominating an executor is a very uncomplicated and a relatively cheap process in today’s age of services.
A Will is not a permanent document, but one that can be changed as per your wishes as long as you live. A Will is not only something you should worry about post-retirement, but at every stage of life (could be to include your non-marital partner or to nominate guardians for your young children)f. A Will is not something only the very wealthy need, because no matter the size of the estate, the heirs will be inconvenienced just as much without a Will. So don’t make the Picasso mistake, write your Will.

Inheritance Or Loss

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Some conflicts that you enjoy watching from the sidelines, may affect you in ways you can’t even imagine. I realized this the other day, watching news with my Nana.
It was not anything outside the sensationalized prime time debate, if you may call it that, that we are now so accustomed to having shoved down our throat. This one was about the political standoff regarding the Land Bill in the Indian Parliament. The senseless dirt slinging from less than eloquent spokespersons and an over enthusiastic anchor was getting to me, when my grandfather muted the television and broke into one of his ‘blast from the past’ stories that I love so much.
His father was a landlord in a prosperous village in Haryana. He died a pre-mature death, leaving behind all the lush agricultural land and the resulting produce trade to his only legitimate son, my grandfather. Nana left the village to join the defence forces, leaving the land to be managed by the Panchayat. In due course of time, he found out that his father had also left him three half-brothers and a step-mother, who turned up to claim their share of the land after the Hindu Succession Act, 1956 was passed. Without any sort of a Will, a conflict began in different district courts regarding the inheritance of the priced land. Due to lack of resources for a legal battle and poor understanding of laws, the matter remains unresolved till date.
That land lies encroached by hundreds of families today, who have assumed it to be a public space available for anyone to pocket. If the proposed Land Bill were to pass, the landowners in the area could be compensated with around 5-6 times the actual value of their agricultural land’s valuation.
My Nana is living a comfortable retired life, and has no plan of going to the village and fighting for that land. But had his father left behind a real Will instead of a last spoken word declaring him as the sole heir, Nana today might have had a little piece of fortune to call his own, and pass down his generations. My great-grandfather met with a fatal accident while riding his horse, at the age of 42. You might not ride horses, but surely it’s not too early to write a Will? Read more