2025-02-12 05:49:56

Will Registration

Introduction

A will, also known as a last will and it is also called a testament, is a legal document that states how an individual’s assets and property can be distributed after their death. It can also name guardians for dependents and children.

Will Registration in India

As per the Registration Act, registration is done at the sub-registrar office.

Visiting registrar's office: Vising the sub-registrar’s office with the original will, photographs, ID proofs and two witnesses.
Paying fees: Paying the basic fees for scanning the will.
Verification by the registrar: The registrar will verify the writer and the witness.
Registration stamp: The original will be returned with the registration stamp.

Types of Will in India

Testamentary Will: The most common type of will, where the testator (who makes a will or a testament called a testator) states how their assets and property should be distributed after their death.
Joint Will: A will created by two or more people, where two or more people agree on a decision to make a conjoint will, usually spouses, to manage shared assets. Any person who is a partner in a will can revoke a will at any time.
Conditional Will: It is also called contingent will. This means the probability of the happening or not happening of an event depends on the happening or not happening of the event.
Privileged Will: A will that is created by any individual who is related to the armed forces or any other government authority while on active duty.
Unprivileged Will: A will is created by anyone who is not a soldier, airman or mariner at sea in active service, basically an individual who is not connected to any government authority.
Mutual Will: When two people create separate wills but agree on a decision on how to distribute their assets and property.
Holographic Will: A written will that is signed by the testator and completely handwritten by the testator. Some states don’t recognize holographic will.
Oral Will: A will that is made verbally and spoken by the testator in front of witnesses. It doesn’t take on written form.

Key Components of a Will Registration

The signature of the testator, the signature of at least two witnesses present at the time of the signing, and all the procedures are done in the presence of an Asus registrar in the office of the registrar; this ensures honesty and legal validity of the will.

What Points Does One Need to Consider While Drafting a Will?

Identifying all their assets first.
Specifying the inheritor who will receive them.
Appointing an executor to manage the assets and property.
Ensuring proper legal language.
Having the will signed and witnessed by authentic individuals.
Regularly review and update the will as needed to prevent confusion and potential disputes between heirs after you transfer the will.

Eligibility for Will Registration

To be eligible for will registration in India, a person (called the testator) must be at least 18 years old, of sound mind, and sign the will in front of at least two witnesses who are also sound mind people and who are not in a relation of the testator and are not heirs specified in the will.
Witnesses who are also over 18 years old must be mentally capable of understanding the act of witnessing a will.

Advantages and Disadvantages of Will Registration

Advantages:

Protection From Loss: The will is kept safe by the registrar in the government office so it cannot be lost, damaged or stolen.
Legal Evidence: The registered will be considered as legal evidence of its contents and existence.
Prevention from Disputes: A registered will prevent family disputes over the distribution of assets and property, which is already distributed in a will by the testator.
Smooth Transition: A registered will help ensure a smooth transition of assets to the legal

Disadvantages:

Time: The registration process can take a long time than expected.
No tax benefits: A Wills don’t provide tax benefits.

Will Registration Charges in India

The cost of registering a will in India depends on the type of will you register.
The lawyer’s fees
The location where the will is registered.
The registration fee is usually a small amount.

Documents Required for Registration of Will

The original signed will
Identity proof of the testator
Two passport-sized photos of the testator
Address proof
PAN Card of the testator
Two witnesses with their ID proofs and photos, and in some cases, a medical certificate to verify the testator’s mental capacity.

The procedure for Registering a Will

Draft the will
Choose a sub-registrars office
Gather necessary documents
Visit the office
Pay the registration fee
Sign the will in the presence of two witnesses
Have the will officially registered with the sub-registrar

Conclusion

Registering a will is an important step in ensuring how the testator would like their property and other assets to be distributed after their death.

Through understanding the types of wills, key components and registration process, An individual can create a valid will that reflects their intentions while registration involves a fee and can be time-consuming, it provides transparency and ensures the will's validity, making it a necessary step in estate planning.