What Is a Will? - Quick Overview

A will is a legal document that outlines how a person’s assets should be distributed after their death. The person making the will is called the testator. Having a will prevents property distribution through default legal processes, known as intestate succession, which vary based on religion and personal laws.

To avoid disputes and ensure assets are passed on as per one's wishes, it is recommended to draft a will in advance, especially for the benefit of close relatives or friends. Many individuals overlook this, or they have outdated wills. While will registration is not mandatory in India, registering it with the Sub-Registrar provides additional legal security.

Will Registration in India

Will registration is a legal step to ensure that assets are distributed according to the testator’s wishes after death. The process is governed by the Indian Succession Act, 1925. Though optional, registering a will with the Sub-Registrar involves extra time and cost but strengthens its validity, especially if someone contests it later. A registered will reduces the burden of witnesses appearing in court.

Key Elements of a Will Registration

• Personal Information: Name, father’s name, date of birth, and address of the testator.
• Asset Details: List of movable and immovable assets to be distributed.
• Beneficiaries: Names and details of individuals inheriting the assets.
• Testator's Signature: Must be signed by the person creating the will.
• Witness Signatures: At least two witnesses are required to sign in presence of the testator.
• Executor Details: Name, address, and contact information of the executor responsible for implementing the will.

Important Details That Should Be Included in a Will

1. Your name, father's name, address, DOB
2. Date of preparing your will
3. Executor's name, address, your relationship with him & age
4. List of immovable properties along with address
5. Your signature on the will
6. Will attestation by at least two witnesses

Key Points to Consider While Drafting a Will

• Draft the will with utmost care and clarity.
• It must clearly reflect the testator's wishes without room for doubt or misinterpretation.
• Avoid confusing words or language contradictions.
• Ensure all clauses are consistent and not contradictory.
• The provisions must be easy to understand and legally sound.
• A will can be created at any stage of life.
• Anyone with significant assets can draft, update, or modify their will as needed.

Documents Required for Will Registration

• The testator must visit the sub-registrar's office with two passport-size photographs.
• A medical fitness certificate from a qualified doctor (MBBS or MD).
• The original, signed copy of the will.
• Two witnesses, each with two passport-size photos.
• A photograph of the testator.
• Address proof and identity documents of both witnesses.
• Address proof of the testator.
• PAN cards of the testator and both witnesses.

Process for Will Registration

1. Visit the sub-registrar's office located in the area of residence or property. Carry the original will for authentication.
2. Wills can be registered anytime, providing flexibility to maintain privacy over its contents.
3. The registrar examines the will for legal accuracy and correctness.
4. After verification, a date is scheduled to visit the office for final registration.
5. Pay the applicable government registration fee, which varies by state.
6. Two witnesses must accompany the testator during registration to validate the process.
7. Once registered, the testator or their representative receives an official copy of the will, generally within a week.

Eligibility for Will Registration in India

Although registering a will is not legally required, it is strongly recommended to enhance its authenticity and legal strength. Any individual aged 18 or above, of sound mind, can write and register a will.

• The testator must be mentally fit at the time of creating the will.
• Minimum age to create or register a will is 18 years.
• The will should be signed by the testator in front of at least two adult, mentally sound witnesses.
• Both witnesses must sign the will in the presence of the testator.
• The will must clearly outline the assets, beneficiaries, and any specific conditions.
• It must be written in a language the testator understands.
• The will should be made voluntarily, without pressure or influence.

Types of Wills in India

• Privileged Will: Created by soldiers, mariners, or airmen in active service or at sea. Witnesses are not mandatory.
• Unprivileged Will: A standard will, written, signed, and witnessed by two people.
• Mutual Will: Two individuals make promises in writing regarding the distribution of their assets after death.
• Codicil: A formal document that updates or adds to an existing will, requiring the same witness process.
• Conditional Will: Valid only if specific conditions are met, such as property passing to the spouse if they survive the testator.
• Joint Will: A single will made by two people together, but unlike mutual wills, no binding promises are involved.

Advantages and Disadvantages of Will Registration

Benefits:

• Prevents loss, theft, or damage to the will.
• The registrar securely stores the will.
• Access is restricted without the testator’s written consent.
• Simplifies property transfer to legal heirs, provided the will is uncontested.

Drawbacks:

• Canceling a registered will involves more formalities than an unregistered one.
• A new will made after revoking an old one should also be registered.

Will Registration Charges in India

• Property Registration: Typically 1-2% of property value, varies by state.
• Vehicle Registration: Costs depend on the vehicle type and value.
• Company Registration: Charges include government fees and stamp duty, based on company type and capital.

Safekeeping of Wills

India lacks a centralized system for will safekeeping, making it the testator’s responsibility.

• Keep the will in a secure place (e.g., safe deposit box or with a trusted lawyer).
• Make copies for all beneficiaries, stating that originals and copies carry equal legal weight.
• Copies reduce risk of loss and simplify probate processes.

Who Can Access a Registered Will?

Only the will-maker can access it during their lifetime. After their death, the executor or immediate family can obtain a copy with valid identification.

Is Will Registration Mandatory?

No, but a registered will holds higher legal credibility. Wills can be registered at the local Sub-Registrar’s office, in the presence of the testator and two witnesses. Registration is affordable and can be updated as needed.

Why Choose Sperso Filings for Will Drafting?

Distributing property after death is sensitive. A vague or poorly drafted will may cause legal disputes among grieving families. Sperso Filings ensures your will reflects your exact wishes.

Our Promise:

• Experienced legal professionals draft your will with clarity and precision.
• End-to-end assistance with ethical, client-focused service.
• Personalized legal advice based on your situation.

We guide you every step of the way to ensure peace of mind and protection for your loved ones.