Answer By law4u team
A will is a legal document through which a person expresses their wishes regarding the distribution of their assets after their death. In India, the question often arises whether a will can be made in a regional language, as many people prefer to write legal documents in their native language for clarity and understanding.
Can A Will Be Made In Regional Language?
Legality of Regional Language Will:
Yes, a will can be made in a regional language. Indian law does not mandate a specific language for drafting a will. The Indian Succession Act, 1925, does not require the will to be written in English or any particular language. As long as the contents of the will are clear and unambiguous, a will written in a regional language is legally valid.
Clear and Understandable Language:
The most important requirement for a valid will is that the intentions of the testator (the person making the will) must be clear and understandable. If a regional language will is written in a way that the beneficiaries, witnesses, and courts can understand, it will be considered valid. The key is clarity in terms of asset distribution and the appointment of an executor.
Execution and Witnessing:
The process of executing a will remains the same regardless of the language. The testator must sign the will in the presence of two witnesses, and these witnesses must also sign the will. The witnesses should be able to understand the contents of the will, even if it is written in a regional language. If the witnesses are unfamiliar with the language, it may create challenges during the probate process.
Probate Process:
If the will is in a regional language, the probate court may require a translation of the will into an official language, such as English, to ensure that all parties involved understand the contents. This translation must be certified and accurate to avoid complications during the probate process.
Legal Safeguards:
It is advisable to have a lawyer or legal professional assist in drafting the will in a regional language to ensure that it meets legal requirements. A well-drafted will will prevent ambiguities that might arise due to language barriers.
Testator's Mental State:
Regardless of the language, the testator must be of sound mind when making the will. The person should clearly understand the consequences of making the will and be free from any undue influence. This is crucial for the will to be legally valid.
Legal Actions and Protections:
Consult a Lawyer:
While drafting a will in a regional language is perfectly legal, it is always advisable to consult a lawyer to ensure that all legal requirements are met. This can help avoid any future disputes or challenges to the will.
Witnesses and Verification:
Ensure that the witnesses to the will are able to understand the language in which the will is written. If not, it is advisable to have a translator present during the signing process to avoid any potential legal challenges.
Example:
A person in Kerala wishes to write their will in Malayalam, their regional language. The person consults a lawyer to ensure that the will is legally valid and that all necessary formalities are completed, such as signing in the presence of two witnesses. The will is clear and unambiguous, and once the person passes away, the will is presented in probate court. Since the court requires an official language for legal proceedings, the will is translated into English, and the probate process proceeds smoothly.
