Will

Protecting Your Will: How Registration Ensures Its Validity?

calendar04 May, 2023
timeReading Time: 8 Minutes
Protecting Your Will: How Registration Ensures Its Validity?

In India, a will is a legal document that expresses the wishes of a person regarding the distribution of their assets and properties after their death. It is also known as a testament. The Indian Succession Act, 1925 is the primary law that governs the making and execution of wills in India.

A will is a document that allows a person to specify how they want their assets to be distributed after their death. It can include details such as the name of the executor, who will manage the assets until they are distributed, and the beneficiaries who will receive the assets. It can also include instructions on the distribution of specific assets, such as a property or a bank account. One of the most important requirements for a will to be valid in India is that it must be made by a person who is of sound mind and is not under any undue influence. The person making the will must also be at least 18 years of age. The will must be in writing and signed by the person making the will, or by a person who is authorized by the maker of the will to sign it on their behalf.

The Indian Succession Act, 1925 provides detailed guidelines on the requirements for a will to be considered valid. It specifies that the will must be executed in the presence of at least two witnesses who are not beneficiaries under the will. The witnesses must also sign the will in the presence of the maker of the will.

The Indian law also recognizes different types of wills, including holographic wills, which are written by hand, and oral wills, which are made verbally. However, these types of wills are subject to strict rules and requirements, and they may not be valid in certain circumstances. In India, a will can be revoked or amended by the maker of the will at any time before their death. It can be done by executing a new will or by making a codicil, which is a document that amends or supplements the original will.

Why Protection Of Will Is Important?

Protection of a will is important for several reasons, including:

  • Ensuring That Your Wishes Are Followed:

A will outline how you want your assets to be distributed after your death. Without proper protection, the contents of your will may be contested or invalidated, and your wishes may not be carried out.

  • Minimizing Family Disputes:

Disputes over the distribution of assets can arise between family members after a person’s death. Proper protection of a will can help minimize the likelihood of these disputes and help ensure that your loved ones are able to maintain healthy relationships with one another.

  • Avoiding Legal Challenges:

If your will is not properly protected, it may be subject to legal challenges, which can be costly and time-consuming. Proper protection can help ensure that your will is legally valid and that your assets are distributed according to your wishes.

  • Protecting Vulnerable Beneficiaries:

A properly protected will can ensure that vulnerable beneficiaries, such as children or individuals with disabilities, are properly provided for after your death.

  • Ensuring Privacy:

Without proper protection, your will could become a matter of public record. This can be particularly concerning if you have sensitive or personal information included in your will. Proper protection can help ensure that your privacy is maintained.

  • Providing Peace of Mind:

Knowing that your will is properly protected can provide peace of mind, both for you and your loved ones. You can rest assured that your wishes will be carried out, and your loved ones can have the confidence that they are following your wishes.

  • Adhering To Legal Requirements:

Different jurisdictions may have specific legal requirements for the protection of a will. Ensuring that your will is properly protected can help ensure that it adheres to these requirements and is legally valid.

In summary, the protection of a will is important for many reasons, including ensuring that your wishes are followed, minimizing family disputes, avoiding legal challenges, protecting vulnerable beneficiaries, ensuring privacy, providing peace of mind, and adhering to legal requirements.

How We Can Register Our Will In India?

In India, there is no centralized registry for the registration of wills. However, you can register your will with the Sub-Registrar of Assurances having jurisdiction over the area where you reside. Here are the steps you can follow to register your will in India:

  • Draft Your Will:

The first step is to draft your will. You can either do this yourself or seek the help of a legal professional to ensure that the document is legally valid and covers all the necessary aspects.

  • Get The Will Attested By Witnesses:

Once your will is drafted, you need to get it attested by two witnesses who are not beneficiaries under the will. The witnesses should sign the will in your presence and in the presence of each other.

  • Visit the Sub-Registrar of Assurances:

You need to visit the Sub-Registrar of Assurances having jurisdiction over the area where you reside. You need to carry the original copy of your will, along with two photocopies, and two passport-sized photographs.

  • Fill Out The Registration Form:

You need to fill out a registration form, which will require you to provide details such as your name, address, and the details of your witnesses.

  • Pay The Registration Fee:

 You need to pay the registration fee, which is typically a nominal amount.

  • Get the Will Registered:

Once the registration formalities are complete, the Sub-Registrar of Assurances will register your will and provide you with a registration certificate.

  • Preserve The Registration Certificate:

After the registration of the will, the Sub-Registrar of Assurances will provide you with a registration certificate. It is important to preserve this certificate as it serves as evidence of the registration of the will.

  • Keep The Original Will In A Safe Place:

After the registration of the will, it is important to keep the original will in a safe place. You can keep it in a bank locker or a fireproof safe at your home. You should also inform your family members and the executor of your will about the location of the original will.

  • Make Copies Of The Registered Will:

It is advisable to make several copies of the registered will and distribute them to your family members and the executor of your will. This will help ensure that everyone has access to the information contained in the will and can follow your wishes after your death.

  • Update The Will If Necessary:

It is important to review your will periodically and update it if necessary. This is particularly important if there are any significant changes in your life, such as the birth of a child or the acquisition of a new asset.

Registering a will in India is a relatively straightforward process that involves visiting the Sub-Registrar of Assurances, filling out a registration form, paying a registration fee, and getting the will registered. Once the will is registered, it is important to preserve the registration certificate, keep the original will in a safe place, make copies of the registered will, and update the will periodically. By taking these steps, you can ensure that your wishes are carried out after your death and minimize the likelihood of any disputes.Top of Form

Validity of the Will Registration

Once a will is registered in India, it is considered valid until it is revoked or superseded by a subsequent will. The Indian Registration Act, 1908[1] governs the registration of wills in India, and Section 18 of the Act specifies that any document that is registered under the Act is presumed to be genuine and valid unless it is proven otherwise. Therefore, a registered will in India carries a presumption of validity, which means that it is considered to be legally valid unless there is sufficient evidence to prove otherwise. However, it is important to note that the registration of a will does not make it immune to legal challenges. A registered will can still be challenged in court if there is evidence to suggest that it was executed under duress or undue influence, or if there are any inconsistencies or ambiguities in its terms. In such cases, the court may declare the will invalid and distribute the assets according to the laws of inheritance.

It is also important to ensure that the will is properly executed and meets all the legal formalities required by law. For example, the testator must be of sound mind and not under any undue influence or pressure while executing the will. The will must also be signed by the testator in the presence of two witnesses who must also sign the will. These witnesses must not be beneficiaries under the will, and they must attest to the testator’s signature and his/her capacity to execute the will. In summary, the validity of a registered will in India is presumed, but it can still be challenged in court if there are any grounds to do so. It is important to ensure that the will is properly executed and meets all the legal formalities required by law to minimize the likelihood of any challenges.

How Registration Guarantees Its Validity in India

In India, the registration of a will can helps establish its authenticity and ensure its validity. Here’s how:

  • Proof of Execution:

When you register your will, you are required to appear before the Sub-Registrar of Assurances and sign the document in their presence. This provides proof that the will was executed by you, and not someone else. The Sub-Registrar will also attest to the fact that you appeared before them and signed the document in their presence, further adding to the evidence of its validity.

  • Preservation of the Will:

Once the will is registered, the Sub-Registrar will provide you with a registration certificate. This certificate serves as evidence that the will was registered and is stored in the office of the Sub-Registrar. This ensures that the will is preserved and cannot be tampered with or destroyed.

  • Legal Validity:

The registration of a will does not make it legally valid. However, it does provide evidence of its execution and can help establish its authenticity in case of any disputes. The registration of a will can also help ensure that the formalities required by law have been followed, such as the attestation of witnesses and the signature of the testator.

  • Establishing Priority:

In case there are multiple wills that have been executed by a person, the registration of the will can help establish the priority of the wills. The registered will would be given priority over any unregistered wills.

  • Ease of Proving Validity:

In case of any disputes, a registered will can be easily proved to be valid in a court of law. The registration certificate and the attestation of the Sub-Registrar of Assurances can serve as evidence of the will’s execution and authenticity, making it easier to prove its validity.

  • No Room for Alterations:

Once a will is registered, it cannot be altered or revoked without following the legal procedures required by law. This ensures that the will is not tampered with or altered in any way, and the testator’s wishes are respected.

  • Time-Saving:

In case of any disputes, a registered will can help save time and effort that would have otherwise been spent in proving its validity. The registration certificate and the attestation of the Sub-Registrar of Assurances serve as strong evidence of the will’s authenticity, making it easier to settle disputes and distribute the assets according to the testator’s wishes.

Registering a will in India is not mandatory, but it can help ensure the validity of the will and minimize the likelihood of any disputes. The registration of a will provides evidence of its execution, preserves the will, and makes it easier to prove its validity in case of any disputes. By registering a will, you can ensure that your wishes are respected and minimize the likelihood of any legal challenges.

Conclusion

In conclusion, protecting your will through registration is essential in India. A will is a legal document that expresses a person’s wishes regarding the distribution of their assets and properties after their death. To be valid, a will must be made by a person of sound mind and not under any undue influence, and it must be executed in the presence of at least two witnesses who are not beneficiaries under the will. Registration of a will ensures its validity in several ways, such as providing proof of execution, preserving the will, establishing legal validity, and easing the process of proving the will’s authenticity in case of disputes. While registration of a will is not mandatory, it can help minimize the likelihood of legal challenges and ensure that the testator’s wishes are respected.

Read Our Article: Understanding The Legal Implications Of Will Registration

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