Guide to Will Registration

Registration of Will is not a mandatory requirement, it is purely optional. The validity or genuineness of a Will cannot be raised only based on its non-registration. Hence, Will registration is only done in select circumstances. In this article, we look at the advantages, disadvantages and procedure for Will registration.

Procedure for Will Registration

Will can be registered at the Office of the Sub-Registrar, established by the State governments under the Registration Act, 1908. There is stamp duty is chargeable on Will registration. After drafting of the Will, a witness should accompany the testator to the Registrar for registration of the Will. After executing the Will, the registered Will can be deposited in safe custody with a banker or lawyer. Registrars also has authority to receive and hold  in deposit wills. To deposit a will with the Registrar, it must be done in a sealed cover by the testator or by a person duly authorised by the testator. On satisfying the identity of the testator or the person authorised by the testator, the Registrar would hold the cover containing the will.

In case a testator wishes to change or withdraw a Will from the Registrar, then he or she can apply personally or through a duly authorised agent. If the Registrar is satisfied, the Will would be delivered. In case of death of the testator, any person could apply to the Registrar for opening of the cover containing the Will of the deceased. If the Registrar is satisfied that the testator is dead, the Registrar would open the cover in the presence of the applicant and provide a copy to the applicant. However, the original Will would be in the custody of the Registrar until a competent court order for producing the Will before it.

Advantages and Disadvantages of Will Registration

The following are advantages of having a registered will:

• Will cannot easily be tampered or destroyed or mutilated or lost or stolen.
• 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.

The following are disadvantages of having a registered will:

• Revocation of a registered Will is a cumbersome process when compared to the revocation of an unregistered Will.
• If a registered Will is revoked, then any subsequent Will made by the person should also be a registered Will.

 

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