Will 

When we say ‘Where there is a will, there is a way’, it is not only about determination to do something. There is another ‘Will’ which is a legal document which makes the way easier. To understand better, Will is a declaration of wishes of a person regarding distribution of a person’s wealth/assets after his/her death, in the written form. The purpose does not restrict itself to the distribution of wealth but other tasks may also be settled. For example, appointment of guardians for minor children can also be settled through a Will.

Why is Will Important?

Will holds utmost importance as a legal document, because it is an expression of one’s wishes regarding wealth after death. The absence of a Will leads to application of laws. Many times, it  also sows the seed for future discord among the persons who have the chance of succeeding the properties of such a person, whose wealth is under question. Thus, Will helps keeping the ends closed for any future conflicts in the families, and also assures the person making a Will to dispose of his/her wealth in a certain way. 

Is registration of Will compulsory?

In India, there is no compulsion to get a registered Will. A person can only have his/her Will in a written format signed by witnesses. However, it may be noted that registration of Will enhances the authenticity/credibility of the legal document. Thus, just like registration of Hindu Marriage is not compulsory, but a mere formality which is recommended to be performed. The same way, registration of Will is not a mandate but recommended to safeguard interests of stakeholders. 

What is the process of Will registration?

Once a Will is prepared/drafted, the parties have to apply to the Sub-Registrar to fix a date for registration of Will. Such a Sub-Registrar should be located in the nearby area under whose jurisdiction the testator resides or the property in question is located. A certain registration fees is paid at the Sub-Registrar office, which varies in different states. On the day of registration of Will, the document is signed by the testator in the presence of Sub-Registrar. It is also signed by 2 witnesses. Registered copy of the Will can be collected at a future date as disclosed by the authorities. 

How to get a Will Writing Service in India?

Since there is no prescribed mode for writing a Will, a Will can be prepared by the testator himself as well. However, since it has a legal effect regarding the testator’s wishes, it is better to get the same drafted through experts. One can search for online Will writing services which are customised as per the testator’s requirements. Online Legal Query provides Will writing service through online or physical consultation, as per the convenience of the person. While getting a Will prepared, it is recommended to settle all aspects of the properties in a crisp and clear way so that the purpose of the Will is achieved.