A Will is one of the most vital and significant documents created by the testator which ensures that their assets, properties, and wishes are honoured after their demise, thereby preventing disputes and offering clarity to the family. In India, the law relating to Wills is primarily governed by the Indian Succession Act, 1925.
A Will is a legal declaration made by a person, known as the testator, expressing how their property and assets should be distributed after their death. It comes into effect only upon the death of the testator and can be altered, modified, or revoked at any time during the testator’s lifetime. The key benefits for executing a Will are-
A valid Will must fulfil the following conditions:
The registration of a Will is not mandatory, and is rather optional. Even an unregistered Will is valid if properly executed. However, a registered Will carries a greater authenticity and has an evidentiary value which decreases the chances of being challenged.
Signatures of the testator and the witnesses.
Although registration of Will is not mandatory, it is suggested that the Will is registered, as it increases the authenticity of the Will. The testator after executing the Will, should seek an appointment with the sub-registrar office of the jurisdiction concerned, i.e. where the testator resides or where the property is located.
The testator must appear personally before the Sub-Registrar with:
The Sub-Registrar on receipt of the original will and identification documents, verifies the identity of the testator, the beneficiaries, and confirms that the testator is acting without any coercion, which is recorded and is usually videographed.
Once registered, the Will is kept in safe custody by the Sub-Registrar and can be retrieved after the testator’s death by authorised persons.
Every testator, not being a soldier employed in an expedition or engaged in actual warfare, or an airman so employed or engaged, or a mariner at sea, shall execute his will according to the following rules:—
(a) The testator shall sign or shall affix his mark to the will, or it shall be signed by some other person in his presence and by his direction.
(b) The signature or mark of the testator, or the signature of the person signing for him, shall be so placed that it shall appear that it was intended thereby to give effect to the writing as a will.
(c) The will shall be attested by two or more witnesses, each of whom has seen the testator sign or affix his mark to the will or has seen some other person sign the will, in the presence and by the direction of the testator, or has received from the testator a personal acknowledgment of his signature or mark, or of the signature of such other person; and each of the witnesses shall sign the will in the presence of the testator, but it shall not be necessary that more than one witness be present at the same time, and no particular form of attestation shall be necessary.
A Will is one of the most vital and significant documents created by the testator which ensures that their assets, properties, and wishes are honoured after their demise, thereby preventing disputes and offering clarity to the family. In India, the law relating to Wills is primarily governed by the Indian Succession Act, 1925.
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