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A will is a legal instrument which comes into effect after the death of the testator who is the maker of the Will. This legal concept of Will is classified under the Indian Succession Act, 1925 and it applies to Hindus, Sikhs, Jains, Parsis, Buddhists and Christians but excludes Muslims, as they come under the Muslim Personal Law.
A will is a legal instrument which comes into effect after the death of the testator who is the maker of the Will. This legal concept of Will is classified under the Indian Succession Act, 1925 and it applies to Hindus, Sikhs, Jains, Parsis, Buddhists and Christians but excludes Muslims, as they come under the Muslim Personal Law.
Important Measures to be taken before creating and registering a Will:
To make a valid Will, following conditions must be satisfied:
A Will must have the name of the maker of the Will. A Will made by coercion, undue influence or force is rendered void.
Appointment of a Beneficiary: The testator has a right to appoint a person as per his/her choice as the beneficiary for the execution of the testament.
The Will comes into effect after death.
Factor of Revocation: A Will can be revoked or can be cancelled or some amendments can be made in it during the lifetime of the testator at the option of the testator or by way of any document.
Intention of the testator is of prime importance: If the testator wants to declare the Will of his choice as the legitimate then the Wills made prior are nullified.
Final Will: The testator’s previous Wills are cancelled and the last or the final Will is considered to be the original.
The loss of the Will shall not consider it nullified unless the required and proper evidence is not given to prove its revocability.
ADVANTAGES OF REGISTERING A WILL
It is not necessary to register a will. However, if the registration of a will is done the following benefits can arise: -
The will cannot be tampered, destroyed, lost or stolen.
The will is kept in safe custody by the registrar.
No person can access or examine the will without the express permission in writing of the testator until his/ her death.
If a registered will is uncontested, it may be possible to get the leasehold property mutated in the name of the legal heirs without obtaining a probate of the will.
DISADVANTAGES OF REGISTERING A WILL
Revocation of a registered will is cumbersome when compared to the revocation of an unregistered will.
If a registered will is revoked, the subsequent will made by the person should also be a registered will.
Procedure of Creation and registration of a Will:
Confirming the declaration without any compulsion, force or pressure along with all the essentials including name, address and age.
Appointment of Executor who is required out of his duties, to collect and realise the estate of the deceased, pay his debts and distribute the legacies as mentioned in the Will by the testator.
Enlisting the details about the custody of the Will and the procedure to acquire it.
Declaration of all the ownership
Attestation of the testament
Executing the testament: The successor or the person receiving the possessions can apply to prove that the Will is officially authentic. If the court certifies the testament, then the probate is given. The heir of the testator receives a copy of the certified Will.
HOW CAN ACREOK HELP YOU?
A Will categorically is classified as one of the most important documents in any person’s life. Why risk such concerns? Choose ACREOK to provide you top services with respect to Drafting, Registration and even assistance to Sub-Registrar office of your region. We make sure, your intentions are brought into effect without hassles and the family you joined into one remains together and no issues arise. ACREOK, for you, write your conditions, get your choices fulfilled.
A Will must be attested by two witnesses who must witness the testator executing the Will. The witnesses should sign in the presence of each other and in the presence of the testator.
Executor is the legal representative for all purposes of a deceased person (testator) and all the property of a testator vests in him.
Registration of a Will is not compulsory in India. However, registration implies that the person writing the Will and the witnesses have appeared before the registering officers who have verified their identity and attested the same.
There is no prescribed format. It must communicate the intention of the person. It can be in any language and can be either hand-written or typed. There is no stamp duty to be paid on a Will. To be a valid document, the Will must be signed and witnessed by at least two witnesses. The Will should be registered in the office of the sub-registrar of the district in which the testator resides.
The Will should be registered in the office of the sub-registrar of the district in which the testator resides. For Registration, the person writing the Will and the 2 witnesses have to appear before the registering officers, who will verify their identity and attest the same.
A probate means a copy of the Will, certified under the seal of a competent Court with a grant of administration of the estate to the executor of the testator. It is the official evidence of an executor's authority.
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