Will Drafting and Registration

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INTRODUCTION

In common parlance, the word will refers to the desire of something. In legal terms, it is somewhat similar. A will is a document which reflects the desire of an individual with regards to his property and assets. Such desire needs to be executed by a third person, after the death of the individual. Therefore, in brief, a will is a document that reflects the status of an individual’s properties and assets, after their death.

Common terms associated with Will are as follows:

  1. Testator: The author, or the person who is drawing/signing the will. The assets and properties dealt by a will, belong to the testator.
  2. Executor: An executor is a person, living or statutory, who execute a will, or makes sure that the desires of the deceased are performed as mentioned in the will.
  3. Probate: It refers to the certified copy of a will, with a seal of a competent court.

PROCESS

  1. Fix appointment with the sub-registrar: an appointment with the sub-registrar having jurisdiction needs to be taken. Jurisdiction is determined by the place of ordinary residence of the testator.
  2. Pay Registration Fees: The registration fee differs from state to state
  3. Visit the Sub-Registrar’s office: The testator, along with two witnesses, has to visit the sub-registrar’s office and sign the will and get it registered
  4. A certified copy can be collected within two to three weeks.

ADVANTAGES / FEATURES

A will would enforce and ensure smooth and quick transition of property from the deceased to the beneficiaries.

  1. In cases where there is no will, the allocation of property is judicially determined, which may take up years.
  2. Registering a will, enhances the authority it entails and leaves little to no room for dispute.
  3. There is a high possibility of contest in cases of non-registered wills.

Features

A will should contain the following:

  1. It should state the name of the testator, executor and witnesses, along with either their respective father’s name, or place of residence.
  2. It should clearly specify the intention of the testator with regards to his property.
  3. It should clearly specify the asset and property belonging to the to the testator.
  4. The testator should be off sound mind, that is, as per section 59 of the Indian succession act, 1925, the person making a will should not be in a state of intoxication or in a state where such person is incapable of understanding the consequences of the act.
  5. The testator should be above the age of 18.
  6. Usage of legal technical terms, which may be interpreted in different ways, should be avoided.
  7. Avoid leaving blank spaces.
  8. The will must be signed by two witnesses

DOCUMENTS REQUIRED

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