The Indian Succession Act, 1925 provides the legal framework to secure their financial and personal welfare. Key Steps to Safeguard Minor's Interest in a Will 1. Mention the Minor as a Beneficiary Clearly state in the Will that a portion or full part of the property/assets is to be inheritedRead more
The Indian Succession Act, 1925 provides the legal framework to secure their financial and personal welfare.
Key Steps to Safeguard Minor’s Interest in a Will
1. Mention the Minor as a Beneficiary
Clearly state in the Will that a portion or full part of the property/assets is to be inherited by the minor child.
Example clause:
“I bequeath ₹10 lakhs and 50% share of my residential house to my minor son [Name], aged [X years].”
2. Appoint a Guardian for the Minor (Section 60)
If both parents are not alive or the surviving parent is not deemed fit, the Will should name a guardian for the minor.
- Legal basis:
Under Section 60 of the Indian Succession Act, 1925, you may appoint a guardian for a minor child through a Will. - Example clause:
“In the event of my death, I appoint my sister [Name] as the guardian of my minor son [Name] until he attains the age of majority.”
3. Create a Trust or Appoint an Executor/Trustee
Until the minor reaches 18 years, he/she cannot legally own property. Hence, create a trust or appoint a trustee in the Will to manage the assets.
Example clause:
“I direct that the assets be held in trust by [Name] until my child attains 18 years of age, and the income be used solely for education, living, and welfare.”
4. Specify the Use of Funds
Mention in the Will how the funds should be used — for education, health, marriage, or day-to-day living.
This ensures that the appointed guardian/trustee doesn’t misuse the money.
5. Ensure Proper Safeguards
You can include conditions such as:
- Separate bank account for the minor’s funds.
- Periodic reporting by guardian/trustee.
- Joint trusteeship, if required.
CA Vishnu Ram
When Can a Will Be Changed? A Will can be changed at any time during the lifetime of the person who made it (testator) as long as they are of sound mind. There is no limit to how many times a Will can be changed. Changes can be made in two ways: By Executing a New Will: This is the most common and sRead more
When Can a Will Be Changed?
A Will can be changed at any time during the lifetime of the person who made it (testator) as long as they are of sound mind.
There is no limit to how many times a Will can be changed.
Changes can be made in two ways:
By Executing a New Will:
This is the most common and safest method.
The latest Will revokes all previous Wills automatically if it clearly says so.
By a Codicil:
A codicil is a written and signed document that modifies certain parts of the existing Will without replacing it entirely.
It must be executed in the same manner as a Will (i.e., signed and attested by two witnesses).
Legal Impact on the Old Will
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See lessIf a new Will is made, the old Will becomes invalid from the date the new Will is executed—only the latest valid Will is enforceable.
If only a Codicil is made, then the original Will remains valid, but the specific changes mentioned in the codicil override the corresponding parts of the original Will.