An individual who makes a Will registration defines how that person’s assets and properties are to be divided and to whom they are going to go after his or her death. Obviously, the property and assets cannot be ancestral, but they must be owned by the owner of the property.
In accordance with the Indian Succession Act, 1925, the decedent’s choice to have their Will Registration is not mandatory, as it’s considered a personal choice under Indian law. It is, however, advisable to register it in the event its contents are to be followed after the death of the person who wrote it. The validity or genuineness of a will that is not registered will be suspect and difficult to prove if the will is not a valid one.
Registration of wills
As one has a general understanding of this, let us now look at the process by which a will is registered.
- There is a sub-registrar whose office is responsible for the registration of wills. To sign a Registration of Will, one must submit proof of his or her address, photographs, and two witnesses. In addition to photos and proofs of address, the witnesses must also be present.
- A witness must accompany the testator to the registrar of deeds when the will is ready to be registered once it has been drafted.
- Upon registration of the document, it can be kept with the lawyer in a safe custody or in a deposit box provided by the bank. Registrars are also allowed to keep wills in the deposit boxes until the date of death. You will need to apply the will in a sealed cover if you decide to have the will safeguarded by a registrar. In order to keep the will on the register, the registrar will verify the identity of the testator or the authorized person.
- Alternatively, if you want to withdraw the will from the registrar, you can either make the request yourself or pass the request to an authorized representative. The registrar will deliver them to the person if they are satisfied with the documents.
- A Codicil, which is a document enumerating the types of amendments made to a will, can be used if you wish to adjust or modify certain clauses within the will. Several witnesses are then required to witness the testator signing the petition and then the petition is kept with the will at the registrar’s office with a copy of the will.
- When the person whose will is with the Registrar dies, anyone who wishes to witness the will may ask the Registrar to open the cover containing that will upon his/her death. On the other hand, unless the registrar confirms that the testator is dead, the cover won’t be opened. They expose the contents of the cover in front of the applicant, as well as provide a copy of the will to the applicant. It is going to remain in the custody of the Registrar until a court orders them to provide the original Online Will Registration India to the public.
A Will’s Benefits
- In the event the will have been tampered with, destroyed, lost, or stolen, it cannot be recovered.
- A registrar safeguards the will.
- No one is permitted to access or examine the will except the testator in writing until his/her death, and it cannot be done without the testator’s express permission.
- In cases where a registered will is uncontested, there might still be a possibility of registering the leasehold property in the name of the legal heirs of the deceased without obtaining a probate of the deceased’s will.
Will registration disadvantages
- The process of revoking a registered will can be quite cumbersome as compared to revoking a will that has not been registered.
- After a will has been revoked, the subsequent will that the person makes should also be registered with the state.
Do you need a Will?
The fact that a will is not registered does not mean it is not real, as the documents still exist. The fact that a will hasn’t been registered doesn’t mean that it can’t be contested by any legal heir. So what is behind the recommendation that a will should be registered?
A will does not qualify as the only final legal document that can be used to distribute an estate or other assets after a deceased person’s death. After the demise of the will owner, the executor was named in the will, who makes an application to the civil court to initiate testamentary proceedings. It is crucial that the applications for the same are made within two years of the death of the will owner. In addition, the executor of the will must submit a death certificate verifying the death of the testator. Also, they need to confirm that this is the last will of the deceased and that it is a legally valid testament.
The court then issues the legal heirs of the testator a notice requesting that they file objections to the grant of probate or publication of the citation in the local newspaper if they so choose. Furthermore, the court determines if the will registration service submitted by the deceased is the actual final will of the individual. The document confirms that the testator has duly executed and attested the will according to the law. In addition, this act collects proof that the testator was of sound mind when they created their will. Finally, the court issues a letter of administration or of probate that mentions all the points that need to be met have been satisfied.
The testator’s will can be challenged under the legal theory of mental incapacity when he/she made the will. Another way to challenge the will is by claiming that it was altered after it had been signed. During such times, a registered will provides a piece of evidence against these accusations which helps the court in its decision. Regardless of whether it is a copy of a will or not, it cannot be destroyed, stolen, mutilated, or altered. Thus, the court will not be in doubt about the will’s authenticity. It is this incontestable fact that will allow the distribution of assets to proceed smoothly and without confusion.