A will doesn’t have to be notarized to be valid. But in most states, you’ll want to add a “self-proving affidavit” to your will, which must be signed by your witnesses and notarized.

A will can be declared invalid where there is found to have been ‘undue influence’ on the testator….Undue influence

1. the claimant must prove that the facts are inconsistent with any other hypothesis;
2. undue influence means influence exercised either by fraud or coercion.

A person who dies without leaving a will is called an intestate person. Only married or civil partners and some other close relatives can inherit under the rules of intestacy.

A “deathbed will” is a will that is created and executed when the person creating it (the testator) is already facing imminent death. However, if they meet all the requirements for a valid will (such as being signed, witnessed, etc.), then deathbed wills can still be considered legally enforceable.

Decide how you will write your will.

1. Write your own will. Once you know your state’s requirements, decide how you plan to fulfill them.
2. Hire an attorney. An attorney can review the will you write, provide you with witnesses and ensure that you have met your state’s requirements.
3. Use an online will writing service.

A deathbed gift, also known as Donatio Mortis Causa, is a gift made in contemplation of death and is a historic exception to the requirements of the Wills Act 1837. For a deathbed gift to be valid and binding, the gift must: Be made in contemplation of impending death.

Meaning of Hiba Gift is transfer of property in which ownership is transferred by one living person to another living person without consideration of existing property. Gift made by Muslim is called Hiba.

How can gifts be challenged? A lifetime gift can be set aside on your death if it can be shown that you were unduly influenced into making the gift, or that you lacked the mental capacity to do so.

Often times, a person who is on his or her deathbed will wish to make gifts to family members. However, except for certain transfers discussed below, when a gift is made is often irrelevent for federal estate tax purposes because there is a lifetime lookback, not just a three year lookback.

The donation must be accepted by the donee prior to the death of the donor, but is nevertheless revocable by the donor at any time before his or her death, and falls away in the event of the prior death of the donee. …

According to Section 122 of Transfer of Property Act, 1882 ‘Gift’ is defined as the transfer of certain existing moveable and immoveable property made voluntarily and without consideration, by one person called the donor, to another, called the donee, and accepted by or on behalf of the donee.

A gift may be revoked only by a mutual agreement on a condition by the donor and the donee, or by rescinding the contract pertaining to such gift. The Donations mortis causa and Hiba are the only two kinds of gifts which do not follow the provisions of the Transfer of Property Act.

There must be either physical or symbolic delivery of the gift and actual or imputed acceptance by the donee. Large gifts are subject to the federal gift tax, and in some states, to a state gift tax. However, a person or entity can give any amount – no matter how large – to a qualified charity completely tax-free.

Indian giver is a pejorative American expression used to describe a person who gives a “gift” and later wants it back, or who expects something of equivalent worth in return for the item. …