Registration of Will – How to register a Will in India?
If you want to maintain a good standard of living throughout your life, it is very necessary to be careful with your investments. Plan your future around your investments and savings to ensure you have a money-free life. One can never be too careful about protecting one’s assets, so through this article we will look at how one can register a will in India.
It is important to be careful with your investments as they will help you maintain your lifestyle after retirement. To make sure your investments and assets go to the right person after you pass away, you need to register a will. You can register a Will by following the steps detailed here.
What is will?
While the word will is a common term in English that means a desire to do something, in legal terms it is a document that determines how property and other assets can be distributed after the death of the executor of the will. It acts as a single legal document that decides who one’s heirs are and how much each will get. It only works after the Executor’s death and cannot be used against them while they are alive.
Wills are of two types
- No privilege
Non-privileged wills can be executed by anyone They must Fulfil the following rules:
- The will must be signed by the testator. The testator can also direct someone else to sign the will in his presence.
- A signature is required for a will to be effective.
- It should be confirmed by two or more witnesses who have seen the writing on the will.
- No unique form of attestation is required.
- Meanwhile, soldiers, sailors and officers in the air force are covered by privileged will. The will must be written by the testator’s hand and in this case does not require attestation.
- It can also be written by someone else, but in that case it must be signed by the testator, even if it is not authenticated.
- If it is written by someone else, it must be proven that the document was signed according to the instructions of the testator, if not signed by him.
- Where armed personnel have written down instructions but have not been able to register them as a will, these instructions can be regarded as their legal will.
- An oral will becomes invalid one month after the testator makes a privileged will.
The one who makes the will is known as the testator or testatrix depending on his gender, while the one who gets the products mentioned in the will is known as the beneficiary. Writing a will makes it easier for your heirs to distribute your assets once you die, as it saves them legal hassles. It also prevents disputes and allows an impartial decision to be made according to the wishes of the testator. While the natural heirs are entitled to the decedent’s estate, the decedent may choose to circumvent them by clearly explaining in the will why they chose to do so to avoid disputes and disputes later after the decedent’s death.
What can be bequeathed
- The property above one has full ownership
- Residential place
- Money ● Jewellery
- Paintings and valuable artefacts
- Income from fixed deposits
- Land acquired on the basis of a lease agreement, if this agreement has not ended
- He must not be mentally disabled when making a will
- Visually impaired and voice impaired can write a will under the Indian Succession Act, 1925.
- A will can be changed as many times as the testator needs it to be changed.
- Try to have doctors and lawyers who vouch for the mental stability of the testator be present when the will is signed.
- The original will can be compared with the one presented in case of any tampering ● If the original will is destroyed, you can get a copy from the registry office
- Draft a will after consulting a lawyer.
- Make an appointment at the sub-registrar’s office for registration.
- Pay the registration fees according to your state’s regulations.
- Visit the Sub-Registrar with two witnesses.
- A registered copy can be picked up within a week.
- State that the testator is of sound mind.
- State the need to execute a will
- List all beneficiaries of the decedent’s estate ● Write in blunt and sharp language.
- Appoint an executor.
- Enter the date and place of execution.
- Try not to use technical language to avoid any confusion.
- New property references must be listed in separate paragraphs. ● Do not leave blank spaces.
If someone dies without making a will, there can be pandemonium over the division of their estate, and families can turn on each other in an attempt to amass more wealth. Avoid such mishaps due to your lack of effort by consulting a lawyer and completing the process of will drafting in India.