Registration of A Will

Requirements & Registration of A Will

The Document executing/directing/acknowledge any work or wish, is evident and helps in resolving disputes. The importance of making a will is highlighted and the procedure is elaborated for consideration. 

What is Will?

An instrument through which a living person directs as to how, who should manage his/her estate after his/her death is known as Will. As mandate is given while the person lives, is known as Testamentary Document. It is given recognition under the Indian Succession Act, 1925.

To Register the Will or Not?

Although Registration Act, 1908 specifies that registration of will is optional but to safeguard the interests of parties, it is advised to get the will registered because of the following reasons:

  • Protection of interest in the property.
  • Only specified persons will get access to Will.
  • Safeguards the document from losing, stolen or getting damaged in any way.
  • Easy Recognition of the document in legal matters.
  • It can be used as security for monetary purpose.
  • Resolves dispute between the heir and the authorized by the testator.

What are the requirements of Valid Will?

To Make a Valid Will, following all conditions must be satisfied:

  1. The person executing the will must have the right/capacity to make a will or a rightful holder of properties mentioned in such will.
  2. The testator should have the intent of making a will.
  3. The will should be made free of consent, without any coercion, undue influence or mistake.
  4. The will should be executed in the presence of witnesses.

What is the procedure of registration of Will?

As for the registration of documents, it should be registered within the 3 months of execution. But without any time limit, the registration of will should be done during the time testator lives.

Procedure for Registration of Will is as follows:

  • The testator should first draft the will.
  • The testator should visit the nearest Sub- Registrar with two witnesses who will witness the registration.
  • The testator, 2 witnesses should visit the Sub- Registrar with their proof of identity along with the photographs.
  • You can either deposit the will with the Sub-registrar or the lawyer for the purpose of safe custody in a sealed cover.
  • If in case testator desires to amend the will, a document should be executed highlighting the changes made in the original.
  • The amendment document or known as Codicil should also be executed in the presence of witnesses.

The document can be withdrawn from the Sub- Registrar by making an application for the same.

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