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Execution of a Will
|By : Roseline Regite , Kochi, India 23.9.2013 Phone:9656003929 Mail Now|
A WILL is a legal document, which states the decision made by a person (testator), about the distribution of his personal property after his death. The testator can revoke, modify or substitute the will at any time during his lifetime by executing a new Will, but should make a declaration that he/she revokes all previous Wills if any.
Registration of WILL
In India, the WILL is not required to be compulsorily registered. Even if registered or unregistered, the WILL can be proved fully valued. However, a person who desire to register the WILL has to approach the Sub-registrar along with the witnesses who have signed as witnesses on the said WILL. The Sub-registrar would be as per the place of residence of the person executing the WILL. The Sub-registrar will verify their identity and attest the same. The executor of WILL as well as the attesting witnesses has to put their signatures and thumb impressions in the register maintained by the Sub-registrar. Normally, non-registration of a Will does not lead to any inference against the validity of a Will.
Requirements to execute a valid WILL
In executing a Will, there are certain requirements related to the writing, signing, witnessing, or attestation of the will. Every state requires the following rules:
∑ The testator has attained the age of eighteen years and is
of sound mind ( Section 77 of the Succession Act 1965 sets out the capacity of persons to make a will.)
The Will that is not signed, dated and witnessed according to the rules is not legally valid. Such a Will can be legally challenged in the court of law.