Clarification on registration of Will

Hello, My father has a will with two witnesses and a Doctor certifying it as needed by law. However, it is not registered. What is the best course if the heirs don't trust each other's intention? How should rights of each heirs be legalized and is there a chance that such a will can be denied by any of the heir?

Answers (3)

258 votes

Hi. Under law, a Will is not required to be registered. However a Will has to be proved by getting the same probated by a court of law I e getting the Will authenticated by court. For that any legal heir or an executor appointed under the Will has to file a Probate Petition in Court. The court then issues notice known as citation to the legal heirs inviting objections against the grant of probate to the petitioner applicant. If no objections are received then the court grants probate. If all legal heirs of the deceased have accepted the Will then they can give their consent affidavits which can be attached to the probate petition itself. If any legal heir of the deceased has an objection against the genuineness of the Will, then he can submit his objections (known as caveat in legal terms). Once he files a caveat, the probate petition will be converted to a regular suit and will be adjudicated by court as per law thereby determining the respective rights of the parties.

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191 votes

Will can only be signed or thumped,no need of even witness or doctor's certificate or registration.

But it is better instead to be signed or thumped it before at least 2 witnesses and to take Doctor's Certificate that Will maker is mentally and physically fit and not under intoxication or not under any kind of influence while making it. And also it is best to register it.
Even a Registered Will can be challenged and once shown it was under influence are getting fail in the eyes of law.

In your case will is not registered.
Once that will is true it can not be denied by law. Go for its probate.

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235 votes

1. It is not mandatory to register the will;
2. It is better if the will is registered and sealed. It avoids duplication/loss or any other complication relating to the authenticity of the will;
3. Make sure you the executor of the will is mentioned and also a clause which makes precaution if the testator of the will survives the executor of the will (this creates a lot of confusion in future);
4. Make sure there is no other will which revokes the current will;
5. Engage a lawyer who will guide you throughout the process.

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