Will

Will is a legal document executed by a person enlisting his/her desire regarding the manner in which their property and debts would be executed after their death. A will is a testamentary document that states the names of the people and their share who will receive the property or estate of the person after his/her death. 

The Indian Succession Act, 1929 lays down the laws relating to will registration, execution, alteration and revocation. A person who dies without a will is said to have died intestate and the property or estate of such person would be managed as per the laws of inheritance and succession post their death.

Draft & Register Your Will
At INR 14999

What You'll Get In The Package

Inclusion

  • Telephonic consultation with the lawyer for 30 minutes.
  • Verification of documents.
  • Drafting of Will.
  • Managing the paperwork related to will registration.
  • Registration of will.

Exclusion

  • Court fees.
  • Stamp Duty.
  • Additional legal work related to will registration.

Documents required to make a Will

The following documents are needed to register a will in India:

  1. Information about the beneficiaries.
  2. Information about the property and estate.
  3. Details about the debts.
  4. Contact details of the will executor.

Procedure to make a Will

Once the requisite documents are submitted, the lawyer drafts a will as per your requirements. The will is then reviewed and signed in the presence of at least 2 witnesses. The will can be registered by submitting it to the Registrar or Sub-Registrar that has appropriate jurisdiction along with the prescribed stamp duty. The Registrar registers the will after proper inspection and the will can be executed after the death of the testator. If the Registrar rejects the will, a civil suit can be filed within 30 days from the date of Registrar’s order.

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FAQs

Who can create a Will?
An person is above the age of 18 years and is of sound mind can register a will in India.
Is Will registration mandatory?
Registering a will is not mandatory, but highly advisable as registration gives legal recognition to the document and the registered will can be used in case of any future disputes.
How much time does it take to draft and register a will?
It only takes around 8-10 days to draft and register a will through Legistify.
What is the cost of Will drafting and registration?
Legistify offers drafting and registration of a will at a fixed cost of Rs. 14999/- in India.
Can a Will be challenged?
Any person who has substantial reasons to challenge the will or any person who has a direct interest in the will can challenge it.
Can a Will be Revoked?
Under Section 69 of the Indian Succession Act, a will gets revoked under the following circumstances: 1. If the testator gets married. 2. If a new will is created, the old one gets automatically revoked. 3. If it is proved that the maker of the will was incapable of creating a will due to unsoundness of mind or minority of age. 4. If it is proved that the will was not signed with the free consent of the maker or witnesses.
Is modification of a will allowed?
Yes, a will can be modified by the maker anytime before its execution.
What is a Probate?
A probate is a copy of the will attested by a court having appropriate jurisdiction. A will cannot be executed by an executor without obtaining a probate.
Who is an executor?
An executor is a person who ensures that the provisions of a will are performed properly. The executor is also responsible to get a copy of probate from the court.
What to do if the will is rejected?
A civil suit can be filed before the appropriate court if the will is rejected by the Registrar. The suit must be filed within 30 days of receiving a rejection.