Will at Home – LawRato


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Most people keep postponing the task of making their Will, as they are unsure of how to write a legally binding Will. If you still haven't made your Will yet, we can help you get it done easily and professionally.

Will@Home Service Advantages
- Legal Advice
- Will Drafting
- Free Revision
- Doorstep Service

Rs. 5999*/- only

* service tax extra

Prevent Legal Battles in your Family with a Well-Drafted Will - LawRato

Book appointment for Will Drafting at Home @ Rs. 5999*/- only

* service tax extra


A Will or testament is a legal declaration by which a person, known as the testator, names one or more persons to own and manage his properties and assets after his death. In other words, a Will provides for the distribution and transfer of the property of the testator after his death and hence, should always be registered.
1. Grieving family members will not have to worry about what goes to whom—you will have already laid it out in clear terms to them.

2. You can also cater to the special and individual needs of certain family members, such as those who are handicapped, infant children, widowed daughter, ill parents etc.

3. Unlike the law of inheritance, you can make provisions for those who might have helped and served you in bad times (such as a faithful maid, nurse or a friend).

4. We may try to always act our best, but let’s face it: there are some bad apples among us. Making a Will can help prevent family disputes after your death.

5. You can revoke the privileges of family members you deem unworthy to have any share in your property after your death.

6. Because you never know when it is your time to go (natural and unnatural causes can get anyone at any age), it is highly advisable to make a Will, even if you are in your twenties or thirties.

7. Don’t think that just because Wills are legal documents, that they can’t be personal. You can certainly express your feelings regarding your family, friends, and acquaintances in your document.
The steps involved in the Registration of Will are as follows:
1. The Will is drafted / prepared by an advocate / legal expert.

2. A date is fixed for the Will registration in the Sub Registrar office.

3. The Government registration fee is paid.

4. The testator and 2 witnesses visit the sub registrar office on the fixed day for registration.

5. Registered Will can be collected after a week.
Although it is not compulsory to get the Will registered, it is highly advisable to get it registered in the Sub Registrar Office during the life time of the testator. The registration of Will provides an evidence that the testator and the witnesses had appeared before the Sub Registrar and the Sub registrar had registered the Will after ascertaining their identity.

If the Will is registered, it will be easier for the legal heirs to get the title of the property transferred in their favour by way of Mutation in the records of DDA, L&DO or MCD. Otherwise, they will have to approach the court to get a probate or get succession certificate which is a lengthy, complicated and costly process. It will take atleast 6 to 8 months' time in obtaining a probate of the Will if the Will is uncontested. A court fee of 4% of the value of property has to be paid in Delhi for obtaining the probate along with the fee of the advocate / lawyer.

Once a Will gets registered, it is copied in the records of the Sub Registrar Office, and therefore, it cannot be tampered with / mutilated, destroyed or stolen. Thus, a registered Will helps in avoiding possibilities of any dispute between the legal heirs and also reduces the possibilities of forgery as the legal heirs can always obtain the certified copy of the original Will.
When executing a Will, keep the following in mind:
a) The Will must contain the signature of both the testator and witnesses.

b) These signatures must be clearly placed and show the testator/witnesses’ intention.

c) The Will must be attested by two or more witnesses who have witnessed the signing of the Will by the testator. Similarly, the witnesses must have knowledge of the testator having signed the Will. All parties must sign the Will in presence of each other, but not all at the same time.

d) There is no particular form of attestation. The Will must be attested by two witnesses, but these witnesses need not attest at the same time. This means they can meet with the testator at different times to attest the Will.

e) Remember: Wills do not need to be written on stamp paper. However, you should definitely register your Will, as it will increase its security and help prove its authenticity.
All Wills can be changed, altered, or revoked before the death of the testator. This ensures the testator’s freedom in giving his or her property to any person as per his own wishes. Any Will made under undue influence of coercion or fraud will automatically be void.

There is no limitation in regards to the testator’s ability to deal with his or her property. This of course means that near family can be excluded in the Will. A Will can provide that the testator’s property be bequeathed to complete strangers. While this is definitely okay as long as the testator is in a sound state of mind and working voluntarily, a court would need to have sound evidence that the testator was, indeed, mentally coherent at the time of making the Will, as such provisions usually raise concerns regarding the testator’s mental state.


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