Uncertainties surround us every passing minute, and one cannot decisively predict the future. Therefore, creating a Will is essential not only for the Testator, but also to safeguard the future and financial interests of loved ones.

A Will is essentially a personal legal directive that specifies how they would like to dispose of their assets and property after death. A Will can be handwritten or typed, and is a simple way to effectively plan your estate for the benefit of your loved ones.

Is It Mandatory To Register Your Will & When Should You Consider It?

No, there is no law that mandates the registration of a Will in India, even  if it includes immovable property. A Will is also not required to be written on stamp paper, or notarised. The Supreme Court in the case of Maturi Pullaian vs Maturi Narasimham stated that the registration of a Will is not essential. It is up to you to decide if you wish to register the Will, or simply prepare a document that mentions your plans for your wealth distribution. Furthermore, it may be worth noting that The Registration Act usually requires a document to be registered within four months of its execution. In the case of Wills, however, an exception has been made to this rule. A Will may be registered at any time, even after the death of the Testator.

Despite the law being very clear on this issue, if your estate does include immovable property like a house, flat, or land, registering your Will is an additional step that is recommended by all experienced estate planners in India.

How To Register A Will In India

You can draw up a Will with the help of a professional estate planning service, like Yellow. Once you have a well-drafted Will that clearly states your wishes, you will need to fix an appointment and go to the local office of the Sub-Registrar of Assurances in the jurisdiction that is closest to your residence.

You need to be present with two Witnesses and furnish some official documents, like photo and identity proof, together with the original Will. Once the sub-registrar verifies the documents, examines the Will, and affixes the signatures of the witnesses, the Will is registered. This process usually takes 30-60 minutes.

Revisions to your Will post-registration can be done through a Codicil, a supplementary document furnishing the modifications and amendments to a Will, which is then attested by you and the Witnesses in the presence of the registrar, and kept with your original Will. There is no stamp duty levied on Wills, but you may need to pay a nominal registration fee, which would depend on your state regulations. Once registered, you should make sure you keep your Will safely, but definitely not in a bank locker (since access to the locker would require furnishing of the original Will).

Benefits Of Getting Your Will Registered

Since registration of a Will is not decreed by any law, it may seem futile to spend time and effort to get your Will registered. However, there are some perks of having a registered Will.

• The contents of a registered Will are safer, since a certified copy of the Will is kept at the office of the Registrar and cannot be tampered with by anyone.
• You can always apply for a copy of the registered Will from the sub-registrar’s office, in case your original Will is misplaced, lost, damaged, or destroyed.
• In the event of a dispute, registration provides some level of authenticity and genuineness to the Will. It is not easily challenged on the grounds that it was made by an unsound party, or was signed under coercion or duress, as the registration process attaches validity to a Will in the eyes of the court. Registration secures the Will from being contested on the grounds that the signature is fabricated or forged.
• A registered Will also holds more evidentiary value than a non-registered Will.
• You can choose to deposit the Will in a sealed cover with the registrar, which provides it safety, security, and secrecy.
• Registering a Will makes the entire succession process transparent, since the Testator, or any of his authorised representatives, can collect a copy of the Will. For other interested parties, a certified copy of the Will is made available only after the death of the Testator, after duly verifying the identity of the person.
• It reduces the likelihood of disputes among family members, and facilitates a quick and smooth transfer of assets, as all your heirs will be certain that the registered Will represents your decision and intentions.
• The mutation process also gets simplified for your legal heirs if the Will is registered.

Though it is definitely advantageous to register a Will, you should note that registration does not necessarily provide a Will legal sanctity. Even a Will that has been registered may be contested in court.

The Supreme Court in the case of Rani Purnima Devi vs Kumar Khagendra Narayan Dev stated that a registered Will does not naturally dispel any suspicion regarding its authenticity and genuineness. Similarly, in Narain Singh vs Kamla Devi, the court held that non-registration of a Will is not enough to conclude against its genuineness. In Punjab Kaur vs Mohinder Singh it was discussed that in instances of two Wills, the latter Will prevails even if it is an unregistered Will as long as its execution was legal.

In order to avoid complications, it is always advised that, when making a new Will, you should explicitly mention that the new Will stands to revoke all previous Wills in its entirety.

Why You Should Create A Will With Yellow

Writing and registration of a Will is a private affair and can be cumbersome for the people involved. Intestate successions are complex and cause families and legal heirs to suffer needless emotional and physical distress. Making a Will prevents family feuds, ensures your wealth is distributed in the manner you desire, and shields the future of your loved ones from uncertainty.

At Yellow, our experienced professionals not only provide you with uncomplicated estate planning services, but also mentor you through the whole process of drafting and getting your Will registered, thus making the entire experience effortless and simple.

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