Safeguarding Your Final Wishes with our Will Registration Services
Ensure your final wishes are secure and recognized with our professional will registration services for peace of mind and legal certainty.
* Exclude Will Drafting, Govt. Fee & Other cost .
Meaning
A will, or last will and testament, is a legal document that outlines how a person’s assets and possessions should be distributed after their death. It appoints an executor to manage the estate and ensures that beneficiaries receive their intended inheritance. It’s crucial for ensuring one’s wishes are honored and for simplifying the legal process of estate distribution after death.
Will registration involves officially recording a person’s last will and testament with a government registry or court. This process provides proof of the will’s existence, helps prevent disputes over authenticity, and ensures secure storage. Registered wills are easily accessible to executors and beneficiaries upon the testator’s death, facilitating efficient estate administration. It may also confer legal validity and additional protections depending on local laws, making registration a prudent step to safeguard one’s final wishes.
Kinds of Wills
There are multiple kinds of will and each type of will serves different purposes and may be more suitable depending on individual circumstances and legal requirements.
- Privileged Wills: Governed by Section 65 of the Indian Succession Act (1925), privileged wills are made by soldiers, airmen, or mariners aged 18 and above, outlining the disposal of their property.
- Unprivileged Wills: Covered by Section 63 of the Indian Succession Act (1925), unprivileged wills are created by individuals not in specific military roles. They are valid if signed by the testator in the presence of two witnesses.
- Simple Will- This document is straightforward and highlights the distribution of assets after their death.
- Joint Will- A will created by two people outlining their shared assets and their distribution.
- Conditional Will- In this type of will, there exist certain conditions that must be met for the will to be carried out.
- Living will- In circumstances where the testator becomes incapacitated or would lose the ability to formulate a will in the future, a living will is created.
Benefits
Though it is not mandatory to register your will as per Indian laws but registered wills hold legal sanctity and evidentiary value. Will registration in India offers several advantages, ensuring the efficient execution of your wishes and providing peace of mind to you and your heirs. Here are the key benefits of registering your Will:
- Avoiding Disputes
A registered Will is less likely to cause disputes among your beneficiaries. It provides a clear and legally binding record of your intentions, making it harder for anyone to contest the Will’s terms.
- Expedited Probate Process
Probate is the legal process of validating a Will in court. A registered Will typically undergoes a faster and smoother probate process compared to an unregistered Will, saving time and legal expenses for your heirs.
- Asset Protection
Will registration safeguards your assets and ensures they are distributed according to your wishes. This protection is especially crucial if you have substantial assets or a complex estate.
- Preservation of Records
Registration creates an official record of your Will, which is then securely stored with the registrar. This prevents the risk of the Will being lost, destroyed, or tampered with.
- Ease of Access
A registered Will is more accessible to your legal heirs and beneficiaries. They can obtain a certified copy of the Will from the authorities without going through lengthy legal procedures.
- Peace of Mind
Knowing that your Will is legally registered provides peace of mind, both for you and your family members. It ensures that your estate is managed as per your desires, minimising the emotional and financial burden on your heirs during an already challenging time..
How to Register a Will in India?
To register your Will in India, you typically need to visit the local sub-registrar’s office in the jurisdiction where you reside, Legal Delight will assist you to know your jurisdiction and the further process. The Will registration process involves the submission of your original Will, along with the below necessary documents. Payment of a nominal fee will be required towards registration charges.
- Two passport-size photographs of the Testator. In some jurisdictions, photographs and thumb imprints are electronically captured.
- Medical certificate from an MBBS/MD doctor in written form verifying that the testator is of sound mind and fully capable of making decisions.
- The original Will that is signed by the Testator.
- Two attesting witnesses should also be present at the sub registrar’s office to sign. They must also carry their photo proof.
- ID proof of the Testator and two witnesses.
- Address proof of the Testator.
- PAN card of the Testator as well as the two witnesses.
After successful registration, you’ll receive a registration certificate from the sub registrar. Keep this certificate in a secure place, and consider providing copies to your family members and appointed executor for reference.
What is included in this
FAQs
Any person above the age of 18 years, having sound mind can make a Will for distribution of their assets.
If a person dies without making a will (intestate), their property will be divided among the family depending upon their Personal Laws- Hindu Succession Act and Sharait Law are followed.
At the time of registration of will, at least two witnesses must be present with the testator. The witnesses verify the mental capacity of the testator and adds strength to the authenticity of the will.
A registered Will is a confidential document and is not accessible for the general public during a normal document search process. A registered Will can be accessed only by person who has made and registered the Will. After the death of a person, his/her beneficiaries can obtain a certified copy from the sub-registrar with the due process. No other person can access this registered Will.
Testators can change or revoke wills; marriage automatically revokes a will.
Yes, even a sound will can be challenged before a court of law.
Wills are typically maintained permanently or for a specific period by firms.
Testators can revoke their wills at any time.
