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Auriga Accounting has a team of registration experts who can provide complete guidance to register your Make A Will.
Our team of experts will get in touch with you and collect all necessary documents and details
We fill out and file your application for Make A Will
Your Make A Will Is Done
Auriga Accounting has a team of registration experts who can provide complete guidance to register your Make A Will.
Our team of experts will get in touch with you and collect all necessary documents and details
We fill out and file your application for Make A Will
Your Make A Will is Done
A will is a legal document that specifies how a person’s assets should be distributed after their death. The individual who creates the will is known as the testator. Having a will in place is important to ensure that your property and possessions are allocated according to your wishes, rather than following the default distribution rules established by law.
If someone dies without registering a will, their estate is distributed through a process called ‘intestate’ succession, which varies depending on religious and personal laws. This can sometimes lead to unintended outcomes, which is why it is advisable to prepare a will in advance. A properly drafted will typically designates close relatives or trusted friends as beneficiaries and helps prevent disputes.
Will registration is a crucial legal process that ensures an individual’s assets are allocated according to their wishes after their death. It helps provide peace of mind that loved ones will be cared for even in their absence. In India, the registration of a will is governed by the Indian Succession Act, 1925. Though registering a will in India is not mandatory, it is highly recommended to register it with the Sub-Registrar for added security and legal validity. Creating and updating a will is a prudent practice that ensures your assets are handled according to your wishes after your passing.
Personal Details: This section includes the full name, father’s name, date of birth, and residential address of the deceased individual.
Details of Assets: This section provides a comprehensive list of the assets to be distributed, including both movable (personal property, vehicles, etc.) and immovable (land, buildings, etc.) properties owned by the deceased.
Details of Beneficiaries: This section specifies the names and personal details of the individuals who are designated to receive the assets. Each asset should be clearly linked to the respective beneficiary.
Signature: The will must be signed by the deceased to validate it.
Signature of Witnesses: The will must be signed by at least two witnesses in the presence of the deceased. Their signatures are mandatory for the validity of the document.
Executor Details: The person responsible for executing the will after the deceased’s passing must be identified. This includes their full name, address, and other relevant personal details.
Mutual Wills: These involve two individuals making reciprocal promises about how their property will be distributed after their deaths. Such promises must be documented in writing and signed by both parties.
Codicil: A codicil is a legal document that amends or supplements an existing will. It must be in writing and signed by the testator in the presence of two witnesses.
Conditional Will: This type of will is contingent upon a specific condition. For example, a person may leave their property to their spouse if still alive at the time of death, but to their children if the spouse predeceases them.
Joint Will: A joint will is created by two individuals together. Unlike a mutual will, it does not establish any promises or obligations between the parties.
Identity Proof of the Testator (Will Maker):
Address Proof of the Testator:
Photographs of the Testator: Recent passport-sized photographs (usually 2-3)
Draft of the Will: The written Will document prepared by the testator.
Witnesses’ Details and Identification Proofs:
Proof of Relationship (if required): Birth certificates or other documents establishing relationships with beneficiaries.
Previous Wills (if any): Copies of any earlier wills or legal documents related to estate planning.
Step 1: Selecting the Sub-Registrar’s Office
The testator should visit the sub-registrar’s office located in their residential area or near the property to be registered. It is essential to carry the original will to ensure its authenticity and reliability during the registration process.
Step 2: Flexible Timing for Registration
Unlike other legal documents with fixed registration schedules, a will can be registered at any convenient time. This flexibility allows the testator to maintain confidentiality regarding the contents of the will.
Step 3: Examination by the Registrar
The registrar reviews the will carefully to verify its legal validity and correctness. This step ensures that any legal discrepancies are identified and addressed before registration.
Step 4: Registration Appointment
After the examination, the registrar provides a specific date for the testator to return and complete the registration. This scheduled appointment helps facilitate an organized and smooth registration process.
Step 5: Payment of Registration Fees
The testator is required to pay a nominal fee to the government for registering the will. The fee amount may vary between states, and it is the testator’s responsibility to ensure this payment is made.
Step 6: Presence of Witnesses
During registration, the testator must bring two witnesses to the sub-registrar’s office. These witnesses are vital in affirming the authenticity and validity of the registration process.
Step 7: Receiving the Registered Will
Upon completion, the testator or an authorized representative receives a copy of the registered will. This document serves as official proof and is typically provided within a week or more after registration.
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