A Will is a legal instrument which mentions the desire of a person regarding the transfer of his/her estate after death.
A person who executes the Will is known as a testator. Will is written during the lifetime of the testator and it comes into effect only after his/her death.
Indian Succession Act, 1925 governs the operation and execution of a will. There are two kinds of succession which takes place after the death of a person, Intestate succession and testamentary succession also known as the voluntary legal expression through Will. Will is a timely measure undertaken to avoid unforeseen dispute in future amongst the surviving heirs with respect to testator’s estate. The will can be executed on a plain paper and it is required to be attested.
Whether Will is required to be compulsorily registered?
No, Will is not required to be compulsorily registered as there is no provision in the law which restricts the enforceability of a non-registered will. Section 18 of Indian Registration Act, 1908 doesn’t make Wills compulsorily registrable. However, the courts, at its discretion, may ask for the registration of will at the time of dispute after testator’s death.
We at Docket, help you get your Will attested or registered depending upon your preference. Kindly reach out to us at firstname.lastname@example.org. We make sure that the legal documentation doesn’t end up absorbing all your precious time, money and effort. A well drafted, customized legal draft is just a click away.
What is the scope of making changes to the will?
A Will once made can be altered only during the lifetime of the testator. Any changes made after the death of the testator will no longer be valid. However, an attested Will can be altered through a Codicil. A Codicil is a testamentary document attached to the original Will whenever any changes or alterations are made in it.
Why one should write a Will?
Will is a legal expression of one’s desire regarding how one’s property is going to be devolved upon his heirs. In the event of the absence of Will, the division of property becomes court’s responsibility and it makes take a great deal of time for the final decree to come pending which the properties could be sealed.
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