Will Registration – How to Register a Will in India?

Last Updated at: January 14, 2020
1861
Will Registration - How to register a Will in India?

The only thing predictable about life is that it is unpredictable and challenging. Being careful about your investments is very necessary if you want to maintain a good standard of living throughout your life. Plan out your future concerning your investments and savings to ensure that you have a life free of monetary troubles. One can never be too careful about safeguarding one’s assets, and that is why through this article, we take a look at how one can register a will in India.

It is important to be careful about investments as it will help you maintain your lifestyle even after your retirement. To make sure your investments and assets reach the right person after your demise, you have to register a will. You can register a will from the steps that are detailed here.

What is a Will?

While the word will is a common term in English meaning the desire to do something, in legal terms, it is a document that dictates how property and other assets may be distributed after the death of the executor of the will. It works as the only legal paper that decides who someone’s heirs are and how much each person will get. It turns operational only after the death of the executor and cannot be used against him or her while they are alive.

Types

Wills are of two types

  • Privileged
  • Unprivileged

Unprivileged wills may be executed by anyone except soldiers engaged in war. They must follow the following rules:

  1. The will must be signed by the testator. The testator may also direct someone else to sign the will in his or her presence.
  2. The signature is required to give effect to the will.
  3. It should be attested by two or more witnesses who have seen the sign being put on the will.
  4. No unique form of attestation is necessary.

Meanwhile, a privileged will applies to soldiers, seamen, and officers in the airforce. The rules for this particular will are as follows:

  1. The will must be written in the testator’s hand and in such a case, it does not require attestation.
  2. It may also be written by someone else, but in that case, it must be signed by the testator even if it isn’t attested.
  3. If written by someone else, it must be proved that the writing was under as per the instructions of the testator if it is not signed by him or her.
  4. If the armed forces personnel had written down instructions but could not register the same as a will, then these instructions may be considered to be his legal will.
  5. A will of mouth becomes null one month after the testator makes a privileged will.

The one who makes the will is known as either a testator or testatrix depending on their gender while the one who gets products listed in the will is known as a beneficiary. Writing a will makes it easier for your heirs to distribute the property once you have passed away as it saves them legal trouble. It also prevents disputes and allows for the passing of impartial judgement as per the testator’s wish. While natural heirs have a claim over the testator’s assets, he or she can choose to bypass them by explaining clearly in the will why he or she decided to do so, to prevent challenging and disputes later on after the death of the testator.

Prepare a will with an expert guidance

What may be Bequeathed

  • Property over one has complete ownership
  • Dwelling place
  • land
  • money
  • jewellery
  • paintings and artefacts of value
  • royalty
  • earnings from fixed deposits
  • Land obtained through a lease deed if the deed has not expired

Rules

  1. The testator must be at least 18 years old.
  2. Must not be mentally challenged when making the will
  3. Visually impaired and vocally challenged may draw up a will as per the Indian Succession Act of 1925.
  4. The will may be changed as many times as the testator needs it to be altered.
  5. Try to have a doctor and an advocate as the witnesses present when signing a will as they vouch for the testator’s mental stability.

Why Register

  • You get a legal copy of the will
  • The original will may be compared with the one submitted in case of any tampering
  • If the original will is destroyed, you can get a copy from the registrar office

Process

  1. Draft a will by consulting an advocate.
  2. Fix an appointment in the Sub-Registrar office for registration.
  3. Pay the registration fees as per your State’s regulations.
  4. Go to the Sub-Registrar with two viable witnesses.
  5. Registered Copy may be collected in a week.

Written Rules

  1. State the name and address of the testator
  2. Put down that the testator is in a sound state of mind.
  3. State the necessity for the execution of the will
  4. List all beneficiaries of the testator’s property
  5. Write in non-vague and crisp language.
  6. Appoint an executor.
  7. Mention the date and place of execution.
  8. Try not to use technical language to avoid any sort of confusion.
  9. New bequests of property must be in separate paragraphs.
  10. Do not leave blank spaces.

If someone dies without writing a will, pandemonium may occur with respect to the distribution of their assets and families may turn against each other in a bid to amass more wealth. Prevent such mishaps from occurring due to your lack of effort by consulting a legal practitioner and drafting a will because as they say, it is better to be safe than sorry.

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Will Registration – How to Register a Will in India?

1861

The only thing predictable about life is that it is unpredictable and challenging. Being careful about your investments is very necessary if you want to maintain a good standard of living throughout your life. Plan out your future concerning your investments and savings to ensure that you have a life free of monetary troubles. One can never be too careful about safeguarding one’s assets, and that is why through this article, we take a look at how one can register a will in India.

It is important to be careful about investments as it will help you maintain your lifestyle even after your retirement. To make sure your investments and assets reach the right person after your demise, you have to register a will. You can register a will from the steps that are detailed here.

What is a Will?

While the word will is a common term in English meaning the desire to do something, in legal terms, it is a document that dictates how property and other assets may be distributed after the death of the executor of the will. It works as the only legal paper that decides who someone’s heirs are and how much each person will get. It turns operational only after the death of the executor and cannot be used against him or her while they are alive.

Types

Wills are of two types

  • Privileged
  • Unprivileged

Unprivileged wills may be executed by anyone except soldiers engaged in war. They must follow the following rules:

  1. The will must be signed by the testator. The testator may also direct someone else to sign the will in his or her presence.
  2. The signature is required to give effect to the will.
  3. It should be attested by two or more witnesses who have seen the sign being put on the will.
  4. No unique form of attestation is necessary.

Meanwhile, a privileged will applies to soldiers, seamen, and officers in the airforce. The rules for this particular will are as follows:

  1. The will must be written in the testator’s hand and in such a case, it does not require attestation.
  2. It may also be written by someone else, but in that case, it must be signed by the testator even if it isn’t attested.
  3. If written by someone else, it must be proved that the writing was under as per the instructions of the testator if it is not signed by him or her.
  4. If the armed forces personnel had written down instructions but could not register the same as a will, then these instructions may be considered to be his legal will.
  5. A will of mouth becomes null one month after the testator makes a privileged will.

The one who makes the will is known as either a testator or testatrix depending on their gender while the one who gets products listed in the will is known as a beneficiary. Writing a will makes it easier for your heirs to distribute the property once you have passed away as it saves them legal trouble. It also prevents disputes and allows for the passing of impartial judgement as per the testator’s wish. While natural heirs have a claim over the testator’s assets, he or she can choose to bypass them by explaining clearly in the will why he or she decided to do so, to prevent challenging and disputes later on after the death of the testator.

Prepare a will with an expert guidance

What may be Bequeathed

  • Property over one has complete ownership
  • Dwelling place
  • land
  • money
  • jewellery
  • paintings and artefacts of value
  • royalty
  • earnings from fixed deposits
  • Land obtained through a lease deed if the deed has not expired

Rules

  1. The testator must be at least 18 years old.
  2. Must not be mentally challenged when making the will
  3. Visually impaired and vocally challenged may draw up a will as per the Indian Succession Act of 1925.
  4. The will may be changed as many times as the testator needs it to be altered.
  5. Try to have a doctor and an advocate as the witnesses present when signing a will as they vouch for the testator’s mental stability.

Why Register

  • You get a legal copy of the will
  • The original will may be compared with the one submitted in case of any tampering
  • If the original will is destroyed, you can get a copy from the registrar office

Process

  1. Draft a will by consulting an advocate.
  2. Fix an appointment in the Sub-Registrar office for registration.
  3. Pay the registration fees as per your State’s regulations.
  4. Go to the Sub-Registrar with two viable witnesses.
  5. Registered Copy may be collected in a week.

Written Rules

  1. State the name and address of the testator
  2. Put down that the testator is in a sound state of mind.
  3. State the necessity for the execution of the will
  4. List all beneficiaries of the testator’s property
  5. Write in non-vague and crisp language.
  6. Appoint an executor.
  7. Mention the date and place of execution.
  8. Try not to use technical language to avoid any sort of confusion.
  9. New bequests of property must be in separate paragraphs.
  10. Do not leave blank spaces.

If someone dies without writing a will, pandemonium may occur with respect to the distribution of their assets and families may turn against each other in a bid to amass more wealth. Prevent such mishaps from occurring due to your lack of effort by consulting a legal practitioner and drafting a will because as they say, it is better to be safe than sorry.

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