Will

Will Definition

As per Section 2(h) of the Indian Succession Act, “the legal declaration of the intention of a testator with respect to his property which he desires to be carried into effect after his death”. A Will is intended to dispose of property. There must be some property which is being given to others after the death of the testator. In other terms, a Will, also called a testament, is a legal means by which an owner of property disposes of his assets in the event of his death. The term is also used for the written instrument in which the testator's dispositions are expressed.

Further, all Wills are revocable at any time during the life of the person and are a confidential document. Hence, it is important for everyone to know about the benefits of having a Will and create a Will.

Where can a Will be registered?

A Will is to be registered at the office of the Sub-registrar of Assurances which is in the jurisdiction of the residence of the person who made the Will. There are no government fees for registration of a Will except scanning and photocopy charges which are very nominal.

Is a Will mandatory in India?

No, there is no legal requirement to register a Will. It doesn't even have to be on a stamp paper or notarized. However, a Will helps in avoiding any lengthy processes and delays in the distribution of your assets. Having a Will eases the way for nominees/legal heirs to get easier access to the assets of the deceased and avoids family disputes. A well-drafted Will also helps prevent any disputes within the family.

For Will Deed Registration

In India, registration of documents is covered by the Registration Act, 1908. Section 18 of the Registration Act provides a list of documents for which registration is optional. Wills are covered under (e) of the said Section 18.

N. Medhiga Lakshmi
Final Year
Saveetha School of Law