What is Will Registration?

Will registration is something that deals with official registration of a will with government. In India the Registration Act, 1908 governs the process. Although registration of a will is not an issue, it is strongly advisable because it adds an additional level of security on the part of law, and the intentions of the testator may be well recorded and easily available in the future.

Will registration does not mean the same as will drafting. When you get your will registered, it is entered into the records of the Sub-Registrar and a copy is retained by him. This decreases possibility of will being tampered and lost and also makes the document legally more sensible in case of disagreement between heirs.

Registration of the Will Process

Writing the Will

Drafting of the document is the initial stage in will registration. In a will, there should be a clear description of the partition of possessions and beneficiaries must be nominated who receive property left by the testator. One must advise the legal expert during the will illustration so that it can be all-inclusive and meet the standards of law as outlined in the Indian Succession Act, 1925. The will must be written in a simple straightforward language in order to avoid ambiguity.

Witnesses for the Will

Once the will is drafted, it needs to be signed by the testator (the person creating the will) in the presence of at least two witnesses. These witnesses must also sign the document to attest that the testator has voluntarily signed the will. It is important that the witnesses are not beneficiaries of the will, as their impartiality is essential for the validity of the document.

Visiting the Sub-Registrar's Office

After the will has been signed and witnessed, the next step is to visit the Sub-Registrar’s office for registration. The Sub-Registrar is the official authority responsible for maintaining records of all registered documents, including wills. The testator must submit the original will along with identification proof and the necessary documents. It is essential that the Sub-Registrar’s office corresponds to the testator’s residential jurisdiction, as the registration process is handled by the local office.

Submitting the Will for Registration

To register a will, the following documents must be submitted:

Original Will: The document drafted by the testator, signed by them and witnessed by two impartial witnesses.

Identification Proof: Valid identification documents such as a passport, Aadhar card, voter ID, or any other government-issued ID.

Witness Identification: The witnesses must also provide valid identification proof.

Photographs: Recent passport-sized photographs of the testator and witnesses.

Registration Fee: There is a nominal fee for registering a will, usually around ₹100 in most states, payable at the Sub-Registrar’s office.

Verification and Signing at the Sub-Registrar’s Office

Once the will is submitted, the Sub-Registrar will verify the documents and record the details of the will. Both the testator and the witnesses will be asked to sign the register maintained by the Sub-Registrar’s office. The will is then officially registered, and a registration certificate is issued. The original will is returned to the testator, and a copy is retained by the Sub-Registrar.

Obtaining the Registered Will

After the registration process is complete, the will becomes a legally recognized document. The testator is given the original registered will, and the Sub-Registrar’s office keeps a copy in its records. In case the original will is lost or damaged, a certified copy of the will can be obtained from the Sub-Registrar’s office.

Benefits of Will Registration

Legal Recognition: A registered will is legally recognized and has more weight in court than an unregistered one. If there are any disputes about the will after the testator’s death, the registered will is more likely to be upheld by the courts.

Prevents Tampering: Registering a will ensures that it is stored in a secure location, reducing the chances of tampering, loss, or destruction. This ensures that the document is preserved in its original form.

Safe Custody: By registering the will, it is kept in safe custody with the government, which means that the testator doesn’t have to worry about the will being lost or misplaced. It is also accessible to the legal heirs or executors after the testator’s demise.

Reduces Disputes: Having a registered will minimizes the chances of disputes between family members or other beneficiaries. It provides clear evidence of the testator’s wishes and intentions, leaving little room for interpretation or ambiguity.

Ensures Smooth Execution: After the testator’s death, the executor of the will can approach the Sub-Registrar’s office with the registered will to obtain the necessary probate or letters of administration. This makes the process of executing the will smoother and more efficient.

Considerations Before Will Registration

While registering a will is highly recommended, there are certain considerations that must be kept in mind:

Voluntary Decision: The will must be created voluntarily and without any undue influence. It should reflect the true wishes of the testator.

Clarity and Specificity: The will should be clear and specific in outlining the distribution of assets to avoid any confusion or ambiguity after the testator’s death.

Periodic Review: It is important to periodically review and update the will to reflect any significant changes in the testator’s life, such as the birth of children, marriage, or the acquisition of new assets.

Informing Family Members: While not legally required, it is advisable to inform trusted family members or executors about the location of the registered will so that they can easily access it when necessary.

Conclusion

Will registration is a prudent and beneficial step in ensuring that your estate is distributed according to your wishes after your death. The process is straightforward, and while it is not legally required in India, registering your will provides an added layer of protection and reduces the chances of legal disputes. By consulting a legal professional to help with drafting and registering the will, you can have peace of mind knowing that your loved ones will be able to carry out your wishes smoothly and efficiently.