Will

Will

Will

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. 

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Frequently Asked Questions

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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