What are the formalities involved in executing a will

20-Apr-2023 (In Wills / Trusts Law)
What are the formalities to be completed and precautions to be taken while executing a Will?
Answers (3)

Answer #1
856 votes
First the Testator( The one who is executing the will) write down the recitals of the Will. After completion of the said recitals, the Testator is required to write his name and details and append his signatures on the right and two witnesses are required who name and details shall be written and signatures appended on the left side of the said Document.

Precautions to be taken
1. Recitals should contain
a) Date and place of Execution
b) That all previous wills if executed stands revoked
c) This is the Testators last and final will
d) The Testator is in sound disposing mind and enjoying good health
e) The Wiil is executed without any influence, force or Coercion and on his own free will
f) The details of all properties movable and immovable shall be give.
g) That properties are all his self acquired and the Testator is the owner of the same and has all the right to bequeath the same
h)His legal heirs name shall be mentioned
i) If the Testator is disinheriting any of the legal heirs , reasons should be specified
2. It is good of the Will is registered
3. The attesting Witnesses should not be the beneficiary under the Will and should be of young age
4. Executor of the Will shall be appointed
Answer #2
927 votes
To register your will, go to the nearest Sub-registrar office where the Testator resides.
There a date for will registration given to you along with government registration fee to be paid.
After this the testator (who makes the will) and two witnesses visit the sub registrar office.
You will require your address proof and photos and address proof of the witnesses.
Collect you will registration approximately after a week.
Though not necessary, i advice you to get the will probated after the death of the testator, for an explicit permission from a competent State court which can be done by a nominee or executor of the Will through a lawyer.
Answer #3
822 votes
A Will does not have to be notarized and registered for it to be valid. As long as it made with free consent and in full capacity and signed by two witnesses, it will be valid. However, it is advisable to get it registered so as to be able to prove the contents of the Will at a later stage without complications.

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