Drafting and registering a will in India is an essential legal process that allows you to specify how your assets and properties should be distributed after your death. Here’s a step-by-step guide on how to draft and register a will in India:
1. Understand the Requirements:
– A will in India is governed by the Indian Succession Act, of 1925. To be valid, the will must be made by a person who is of sound mind, and the person making the will (the testator) must be 18 years of age or older.
2. Gather Information:
– Collect all necessary information about your assets and properties, including details of bank accounts, investments, real estate, jewelry, and any other valuable assets you wish to bequeath.
3. Decide on Beneficiaries and Distribution:
– Determine how you want to distribute your assets among your beneficiaries. Identify the beneficiaries, specify the assets or shares they will receive, and provide their full names, addresses, and relationships to you.
4. Appoint an Executor:
– Choose an executor who will be responsible for executing your will’s instructions after your passing. It’s advisable to discuss your decision with the chosen executor and obtain their consent.
5. Draft the Will:
– Prepare the will document that outlines your wishes and instructions. While it’s possible to write your own will, it’s strongly recommended to consult with a legal professional or use a standardized will template to ensure the document is legally sound. The will should include:
– Your full name and address.
– A clear statement that it’s your last will and testament.
– A revocation clause, stating that this will revokes all previous wills and codicils.
– Specific details of your assets and properties.
– The distribution plan, specifying who gets what.
– Appointment of the executor.
– The date and place where you are creating the will.
– Signatures of two witnesses who are not beneficiaries and are competent to testify in court.
6. Execute the Will:
– Sign the will in the presence of both witnesses. The witnesses should also sign the will and include their full names and addresses. This process should be conducted with proper formality, and all parties should be in the same room at the same time.
7. Registration of the Will:
– Although registration of a will is not mandatory, it is advisable. To register the will, you can visit the office of the local sub-registrar, where you and the witnesses will sign the will in front of the registrar. You’ll need to provide two passport-sized photographs and proof of identity for this process. The registrar will keep a copy of the will and provide a registration certificate.
8. Safeguard the Will:
– Store the original will and the registration certificate in a safe and secure place, such as a bank’s safe deposit box or with a trusted legal advisor. Make sure your executor and close family members are aware of the will’s location.
9. Review and Update:
– Periodically review and update your will to reflect changes in your assets, beneficiaries, or wishes. If you make changes, ensure the updated will is properly executed and, if necessary, registered.
10. Inform Beneficiaries and Executor:
– It’s a good practice to inform your beneficiaries and executor about the existence and location of the will, as well as the contents.
Please note that this is a general guide, and it’s recommended to consult with a legal professional to ensure your will meets all legal requirements and accurately reflects your wishes. Additionally, the registration process may vary slightly depending on your location, so it’s essential to check with your local sub-registrar’s office for specific requirements and fees.