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Will is a legal document that mentions the dispersion of property and other assets of the testator (one who writes the will) after his/her death. The will cannot be used while the testator is still alive. Will becomes active only after the testator’s death.
In India, registering a will is not compulsory. However, it is wise to register a will to make it a legitimate document and to prevent conflicts between heirs after the death of the testator.
A will contains the following:
- Details of the Testator
- Details of Legatees (people who will receive the assets)
- Details of the Executor (one who will execute the will after the Testator’s death)
- Details of the distribution of assets between beneficiaries
Pre-requisites of will registration:
- Testator’s ID proof such as Aadhar Card, PAN card, driver’s license, etc.
- Testator’s passport size photograph.
- Mental fitness certificate of the testator issued by a registered healthcare provider.
- Will draft that contains details of the property owned by the testator and its dispersion amongst the beneficiaries.
- Two witnesses and their ID proofs.
Procedure for creating and registering a will
- You must hire a lawyer first. Discuss about your intention to create a will.
- The lawyer will draft the will.
- Then you must visit the office of the sub-registrar for will registration. Personal presence of the testator is needed, along with two witnesses.
- Registration of the will may cost you a nominal fee. After scrutiny of the will to ensure no legal omissions are present, the registrar registers the will.
- Within a week the testator can pick the registered will personally. If not, the will is kept safe at the registrar’s office. It is released only after the death of the testator to the executor after he/she produces the testator’s death certificate.
As per Section 59 of the Indian Succession Act:
- A minor cannot make a will.
- The person making a will should be mentally sound.
- Nobody can coerce a person to make a will. Such a will is regarded as invalid. Also, if a will is made by intoxicating a person, threatening a person, or any kind of influence, then it is invalid.
Benefits to choose service
A lawyer is necessary to make a will. He/she will see to it that the will is made properly and duly registered. You can contact a lawyer at the Online Legal Center for drafting and registering a will. They will guide you in each step.
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Frequently Asked Questions (FAQs)
These are two types of will as per the Indian Succession Act. Privileged Will are for the army men, who can make a will while they are posted at the border during a war-like situation. This type of will requires no witnesses or signatures and can be created simply by writing or even verbally. On the other hand, Unprivileged Will is for the civilians, i.e., the common mass.
In this case, a legal guardian is appointed who will be the testator. He/she will make the will on the minor’s or the mentally unsound person’s behalf and register it.
Only the last will of the testator is enforceable (valid).
Yes. The testator can, at any point in his or her lifetime, make changes in the will or withdraw the will. Change in the will is done through Codicil, which is a second part of the will that is attached to the original will to request an alteration.
A Probate is replica of the will issued by the court. It is issued only when no objection is present from any member of the family or from any legal heir. A Probate is necessary to execute the will and it proves the will’s authenticity.
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