Overview

A will is a legal document that outlines how a person's assets and property should be distributed after their death. In India, the laws related to wills are governed by the Indian Succession Act, 1925.

Key Provisions

Some of the key provisions related to wills in India are as follows:

• Capacity to make a will: Any person who is of sound mind and who has attained the age of majority (18 years) can make a will.
• Formalities for making a will: A will must be made in writing and signed by the testator (the person making the will) or by someone else at the direction of the testator. The will must also be attested by two witnesses who must sign the will in the presence of the testator.
• Revocation of a will: A testator can revoke a will at any time during their lifetime by destroying or cancelling the will, or by making a subsequent will that revokes the previous will.
• Registration of a will: Registration of a will is not mandatory under Indian law, but it is advisable to register a will to avoid any disputes or challenges to the validity of the will.

Essential Clauses

Some of the key clauses that may be included in a will are:

• Appointment of an executor: The testator can appoint an executor to manage the distribution of their assets after their death.
• Distribution of assets: The testator can specify how their assets should be distributed among their heirs, including the percentage of assets to be distributed to each heir.
• Bequests: The testator can leave specific assets or bequests to particular individuals or charities.
• Guardianship of minor children: If the testator has minor children, they can specify who will be appointed as the guardian of their children after their death.

Registration - is it compulsory?

No, it is not compulsory to register a will in India. According to the Indian Succession Act, of 1925, a will can be made in writing, and it can be either registered or unregistered. However, registering a will is advisable to avoid any disputes or challenges to the validity of the will. Registration of a will involves depositing the original will with the office of the Sub-Registrar, along with the prescribed fees. The Sub-Registrar will verify the identity of the testator and the witnesses, and after ensuring that the will has been executed as per the required formalities, will register the will. The advantage of registering a will is that it creates a legal record of the existence of the will and its contents, which can help in avoiding disputes among the heirs after the testator's death. Moreover, a registered will is considered a more authentic document than an unregistered will, and hence, it can be given more weight in a court of law if there is a dispute over its validity. However, it is important to note that even an unregistered will is legally valid as long as it has been executed in compliance with the formalities prescribed by the Indian Succession Act, of 1925.

Registration Process

To register a will in India, you need to follow these steps:

Why approach LAWYASA?

• Expertise: Lawyasa has a team of experienced lawyers who specialize in various fields of law, including family law, property law, and corporate law. We can provide you with expert legal advice and guidance on your specific legal issue.
• Convenience: Lawyasa is an online legal platform, which means that you can access our services from anywhere, at any time. You can consult with our lawyers, get legal documents prepared, and even file a case in court, all from the comfort of your own home.
• Cost-effective: Lawyasa offers cost-effective legal services, which can save you a lot of money compared to traditional law firms. We offer transparent pricing, so you know exactly how much you will be paying for our services upfront.
• Customised solutions: Lawyasa provides customised legal solutions tailored to your specific needs. We take the time to understand your legal issue and provide you with the best possible legal advice and representation.
• Customer support: Lawyasa provides excellent customer support. Our team is available to assist you with any questions or concerns you may have, and we keep you informed throughout the entire legal process.

How can LAWYASA assist?

Lawyasa is an online legal platform that provides assistance in drafting and delivering a will in India. Here's how Lawyasa can assist you:

• Visit the Lawyasa website: Go to the Lawyasa website (www.lawyasa.com) and select the 'Will' service.
• Fill in the questionnaire: Lawyasa will provide you with a questionnaire that you need to fill in with details such as your name, address, details of your assets, beneficiaries, and executors.
• Consult with a lawyer: Once you have filled in the questionnaire, you will be connected with a lawyer who will review the information provided by you and offer legal advice on how to proceed with the drafting of the will. You can discuss your concerns and queries related to the will with the lawyer.
• Drafting of the will: Based on the information provided by you and the legal advice given by the lawyer, the will is drafted. The draft will be shared with you for review and feedback.
• Finalization of the will: After incorporating your feedback, the final version of the will is prepared.
• Delivery of the will: Lawyasa can assist you in getting the will registered by connecting you with a lawyer who can assist with the registration process. The registered will can be delivered via courier or downloaded from the Lawyasa platform.

Frequently Asked Questions