What is a Will?

A will allows you to communicate how your assets are to be distributed among those close to you after your death. This document ensures that your belongings do not devolve as per the laws of inheritance (which vary for each major religion) but as per your wishes. Its creation is frequently postponed, but it’s a good practice to have one in place and then keep updating it when necessary. All such a document needs to contain is a declaration that it is being made free from any pressure, the details of your property and who will inherit it. It need not be registered, but it is suggested that you do so at the office of the sub-registrar.

Advantages of a Will

Eases Transition

A will brings in order with regard to how your assets will be handled after your death. At such a difficult time for your loved ones, this would significantly alleviate their burden.

Enables Choice

In case of an intestate death (without a will), your assets would devolve as per the laws of inheritance, which may not be as per your wishes. A will is where you can state exactly how you want your assets to devolve.

FAQs on Will Registration

There is no prescribed form of a will. In order for it to be effective, it needs to be properly signed and attested. It must be initialed by the testator at the end of every page and next to any correction and alteration.
The registration of a document provides evidence that the proper parties had appeared before the registering officers and the latter had attested the same after ascertaining their identity.

In India, the registration of wills is not compulsory even if it relates to immovable property. The non-registration of a will does not lead to any inference against the genuineness of a will.
A will is to be registered with the registrar/sub-registrar with a nominal registration fee. The testator must be personally present at the registrar’s office along with witnesses.
No stamp duty is required to be paid for executing a Will or a codicil. A will, therefore, need not be made on stamp paper.

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