Execution and Registration of Wills

CAMP ON EXECUTION AND

REGISTRATION OF WILLS

AN EXERCISE IN CLINICAL LEGAL

EDUCATION

FOR LAW STUDENTS

Presentation

by

Maj. Gen. Nilendra Kumar

Director,

Amity Law School, Noida

The object of the camp was to undertake an

exercise in professional skills training as well

as

public service.

The elderly and aged often harbour a sense

of

uncertainty, apprehension and not having

completed their responsibilities due to non

execution of their Wills.

They have not framed their Wills due to

ignorance and lack of proper help and

service.

To that extent such persons are devoid of

access

to justice.

An effort was made by students of Amity Law

School, Noida to rectify this situation. The

students were all volunteers.

A SESSION IN PROGRESS

Participatory students

Those of third year and above

A faculty of law and one of management were

associated.

WITH ADVOCATE P.P.S. NAGAR

ASSISTANCE OF EXTERNAL AGENCIES

1. Advocates well versed with registration

process

2. Sub Registrar of the District

3. Media

The Sub Registrar had willingly extended full

co-

operation as the effort fell within the legal

awareness and legal aid roles covered under

the

Legal Services Authority Act, 1987.

PARTICIPANTS AND STUDENTS

PRELIMINARY WORK

1. Through preparation and study of laws

involved.

2. Draft and issue of background material.

3. E-mail a draft Will to registered clients.

STEP ONE

Clients were advised to come for the camp

prepared with :

(a)List of their moveable and immoveable

assets.

(b)Decision to distribute and bequeath their

assets.

Students cautioned to maintain total

confidentiality and exercise

professionalism.

APPLICABLE LAWS

1. Family Law

2. Law of Succession

3. Registration Law

4. Property Law

5. Notary’s Law

6. Conveyancing

This was not merely an exercise in deed

writing

Additional study

of

succession planning

Prepare FAQs

IDENTIFICATION OF CLIENTS

1. Through verbal publicity

2. Social media

3. Letters to Resident Welfare Societies

4. Personal contacts

5. Invite faculty and staff of the

University

SAMPLE FAQS

1. Why draw up a Will?

2. Is registration of Wills mandatory?

3. Do the attesting witness need to be beneficiaries?

4. Can a Will executed earlier be charged?

5. Can husband and wife do a joint Will?

6. Can the husband include in his Will a property that he holds jointly with his wife?

7. Does it need to be drawn up on stamp paper?

The participants were explained that

registration

of Wills is not mandatory.

Hence, the clients who wanted their Wills

to

be executed but did not want it to be

registered were afforded an opportunity to

do so.

VARIATIONS

1. Religions denomination

2. Individual status

3. Types of property

4. Manner of bequeath

INDIVIDUAL STATUS

1. Bachelor/spinster

2. Married

3. Widower

4. Minor

5. Handicapped

6. Non resident Indians

ILLUSTRATIVE

Types of Property

1. Residential

2. Plot of land

3. Orchards

4. Moveable

5. Royalty income

ILLUSTRATIVE

Types of Bequeath

1. Full and complete

2. Partial

3. Under guardianship

4. Trust

VARIATIONS

1. Handicapped children needing

caretaker guardians

2. Beneficiaries abroad

3. Widows/divorced clients

4. Christian/Parsi/Muslim denominations

PROCESS FOLLOWED

STEP TWO

1. Small law chambers set up

2. Students used their own laptops

3. Printer arranged from law school

A classroom in the Law School was utilized

for

the purpose.

Hence, there was negligible expense.

The problem of infrastructure or funds was not

applicable.

STAGES

1. Lecture

2. Clarifications

3. Interviewing

4. Counselling

5. First draft

6. Validation

7. Final draft

8. Execution

9. Registration

After the stage consisting of registration and

mailing of a specimen draft of a Will, a week

later the actual camp was held.

Nominal amount had been charged to cover

the

expenses.

The entire exercise was carried out on a no

profit

no loss basis.

SIZE OF GROUP

1. 40 persons

2. Encourage couples to attend

1. After the initial talk, the clients were advised to approach individually to one of the tables assigned to them.

2. They were given a print out draft of their Wills.

3. They were allowed a week time to consider and finalize the text.

4. Thereafter the Wills were executed and handed over to them.

STEP THREE

Staggered time allotted for registration

This was done to cut down waiting period and

avoid overcrowding in the counsel’s chambers

at

the Sub Registrar premises.

Majority of those registered, were senior

citizens. There were amongst them also

widows. A few were physically

challenged.

The registered copy of Wills were collected

from

the Sub Registrar office after three days and

handed over to the participants.

INGENUITY

1. Law student themselves used as

witnesses.

2. Ingenuity to cover those not residing in

Noida.

3. Liaison with the Sub Registrar to hold

the camp on Saturday.

ADVANTAGES

ATTRIBUTES INCULCATED

1. Professionalism

2. Enthusiasm

3. Interest

4. Punctuality and time management

MOTIVATION

The camp was covered by print and

electronic

media.

Requests continue to pour in for such camps

to be held again. This coupled with thank

you

notes received is reflective of its success.

FURTHER EXTENSION

1. Registration of marriages

2. Security of educational loans

3. Grant of maintenance

4. Drafting of complaints for consumer

grievances

CONCLUSION

Innovation and ingenuity in clinical legal

education would serve the needs of society

on one side while also imparting

professional

skills and competence of law students.