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  • Written Assurance: While most wills are written documents, certain individuals may be entitled to create a ‘privileged will’ under specific circumstances.
  • Testamentary Intent: A will must clearly articulate the distribution of assets posthumously, reflecting the true intent of the testator/testatrix.
  • Signature and Witnesses: It is imperative that the will is signed by the maker in the presence of two witnesses, who must also sign the document, affirming its authenticity.
  • Legal Capacity: The creator of the will must be an adult of sound mind, free from any undue influence or coercion at the time of the will’s creation.
  • Registration: While not mandatory, registering a will can be advisable in certain situations to further affirm its validity.
  • Execution After Death: Upon the testator’s demise, an appointed executor carries out the will’s directives. In some cases, obtaining a probate from a local court may be necessary to validate the will and proceed with the distribution of the estate.

  • Medical Decision-Making: A living will empowers a designated representative (often a family member or trusted individual) to make medical decisions on behalf of the person. These decisions may include whether to use life support systems, ventilators, or other aggressive treatments.
  • Treatment Preferences: The living will outlines specific preferences regarding medical interventions. For instance: Should the person be placed on a ventilator if their condition deteriorates? Are there any aggressive treatments that should be stopped if recovery is unlikely? Should life-supporting medication or systems be withdrawn after a certain point?
  • Emotional Relief for Families: In India, where the concept of living wills is still evolving, creating one can provide emotional relief to families. By expressing their wishes in writing, individuals alleviate the burden on their loved ones during difficult times. Family members can focus on supporting their loved one rather than making complex medical decisions.

  • Purpose and Structure:
    • Beneficiaries: Trusts are established to benefit specific individuals or groups. These beneficiaries can include family members, dependents, charitable organizations, or even future generations.
    • Trustees: Appointed trustees hold and manage the assets on behalf of the beneficiaries. Their responsibilities include administering the trust, making investment decisions, and ensuring compliance with the trust’s terms.
    • Terms and Conditions: Trusts operate based on a trust deed, which outlines the rules, distribution criteria, and other provisions. These terms guide the trustees in their decision-making.
  • Benefits of Trusts:
    • Asset Protection: Trusts shield assets from creditors, legal claims, and potential risks.
    • Tax Efficiency: Certain trusts offer tax advantages, reducing the overall tax burden.
    • Smooth Succession: Trusts ensure a smooth transition of wealth across generations.
    • Special Needs Trusts: Designed for individuals with disabilities, these trusts provide for their long-term care without jeopardizing government benefits.
    • Estate Planning and Legacy Preservation:
    • Wealth Preservation: High-net-worth families use trusts to preserve wealth and manage complex financial portfolios.
    • Charitable Trusts: Individuals passionate about philanthropy can create trusts to support charitable causes.
    • Educational Trusts: Trusts can fund educational expenses for beneficiaries.

  • Appointment and Authorization:
    • Principal: The person creating the POA is the principal. They authorize the agent to act on their behalf.
    • Agent: The agent receives the authority to make decisions, sign documents, and perform specific tasks outlined in the POA.
  • Types of POA:
    • General POA: Provides broad powers to the agent, allowing them to handle various matters on behalf of the principal.
    • Specific (Limited) POA: Grants authority for specific purposes, such as managing real estate transactions, handling financial accounts, or making healthcare decisions.
    • Durable POA: Remains valid even if the principal becomes incapacitated.
    • Springing POA: Becomes effective upon the occurrence of a specified event (e.g., the principal’s incapacity).
  • Conditions and Revocation:
    • Trigger Events: A POA may be triggered by specific events (e.g., the principal’s travel abroad, illness, or mental incapacity).
    • Timeframe: Some POAs have a predetermined duration, while others remain in effect indefinitely.
    • Revocation: The principal can revoke the POA at any time, provided they are mentally competent.
  • Considerations:
    • Compensation: The agent may or may not receive compensation for their services.
    • Responsibilities: Agents must act in the best interest of the principal, avoiding conflicts of interest.
    • Record Keeping: Proper documentation ensures transparency and accountability.