Will is a legal document of the intention of a person (testator) for his/ her property which he desires to take effect after his death. Will can be modified and altered as per the wish of the testator. A will can be drafted at any time during the life of a person. After the death of a person, only the last executed will shall be effective. After the death of the person, the property can be transferred in two ways either through Will i.e. testamentary of the person or when there is no will, it can be transferred as per the provisions of laws of succession.
Creating a Will helps in ensuring that the person’s property is transferred as per his desire and to the right heirs fairly. It would be legally easy for the legal heirs to claim their right after the death of the testator. A Registered will cannot be tampered with, stolen, or lost as it is not in the public domain. Only the person creating the will can access its copy and after his/ her death, legal heirs can obtain a copy from the sub registrar’s office. It is preferred that one should register the will to avoid disputes and controversies that arise after the death of the person.
ELT consultants has a panel of professionals providing the best service like will creation and registration accross the country.
We offer a variety of services out of which the key service is to draft and register a will. Our team of experts makes sure that the will is drafted as per the desires of the client. We shall help you in tax planning aspects, intellectual property, business succession & restructuring, succession laws based on different religions, etc. is the most ignored area while writing any will documents.
Our team of lawyers at ELT have extensive experience in dealing with succession laws and litigations which makes us the fittest organization to make a masterpiece of will as per your requirements added with advanced knowledge and advice.
There are various kinds of will and they are as follows:
One should wisely as it is a crucial process, it involves the evaluation of various aspects and requires a detailed discussion with the client , and the one may avail professional advisory from our lawyers and can decide to proceed further.
Though registration of will is not a compulsory act, it is highly recommended to get will registered in the Sub-Registrar Office during the lifetime of the testator. The registration of Will makes it easier for the legal heirs to get the title of the estate transferred in their favor by way of Mutation in the records of the concerned authorities, or else, they will have to approach the court to seek a probate or succession certificate which can be a tedious and time-consuming process.
After a Will gets registered in the records of the Sub-Registrar Office, it cannot be tampered with, stolen, mutilated, or destroyed. Hence, registration reduces the possibilities of forgery and disputes between the legal heirs.
Revocation of Will
The testator during his lifetime has the freedom to alter, change or revoke the will as per his wishes. A testator can revoke his will by writing a subsequent will or codicil duly registered as per law.
A will can be revoked under the following conditions:-
A will can be registered even after the death of the testator. The Sub-Registrar shall register a will at his discretion. However, it is quite difficult to register a will after the death of the testator due to the risk of fraud, forgery, etc. Therefore, it is better to register a will during the lifetime of the testator.
A registered will is not available in the public domain and cannot be accessed easily. The person who has made the Will i.e. the testator can obtain the copy from the Sub-Registrar Office. Whereas, after the death of the testator, his/her family or the executor or trustee can access the copy of the Will after their due verification.
There is no restriction on how many times a will can be altered by the testator. A person can cancel, amend or change his/ her will as many times as he/ she wishes after revoking earlier wills.
One shall review their will every two or three years. You may also want to revisit it at special/important moments in your life, for instance, marriage, divorce, the birth of a child, the death of a beneficiary/executor, a significant purchase or inheritance, etc.
ELT Consultants has a panel of professionals providing best services like will creation and registration across the country. We are here to serve you with will creation and registration and our priority is to draft “a will” as your wishes. Our team of experts at ELT Consultants are the best will registration lawyers in India.
No, it is governed by the Indian Succession Act 1925. A will is a legal document wherein the testator declares his intention to bequeath his assets.
|Hindu, Buddhist, Sikh, Jain are governed by:-||Indian Succession Act,1925|
|Mohammedans are governed by:-||Muslim Law|
A trust simplifies the process of transferring the assets after the death of a person to avoid lengthy and costly periods of probate. A will is a legal document to express the wish of the testator to divide his/her estate after the death.
The key difference between the two is that the former comes into effect as soon as it is created whereas the latter comes into effect only after the death of the testator.
It is important to plan a will as it acts as an inventory of the assets of the deceased. A well-written will helps in avoiding quarrels among the legal heirs.
A will is a document that expresses the desire of a testator to divide his/her property and among whom.
Any person who is-
No, it’s not mandatory. However, it’s advisable in order to avoid any dispute in the distribution of assets. No stamp duty is chargeable on registration of will however nominal registration charges are there which vary state to state where you want to get the will to be registered.
No, registration has to be done from the registrar’s office, you can do all the drafting and consultation work online and telephonically with our experts and lawyers.
At the time of registration of will, you need to carry your original identity proofs like Aadhaar card, Passport, PAN, etc.
You can execute a new will and override the earlier will by taking its reference in the new will.
Yes, you have to come to the registrar’s office to personally appear before the registrar along with 2 witnesses, all of them appearing persons need to carry their original IDs.
The whole process can be completed within 3-4 days. You personally need to come once to the registrar’s office with a prior appointment and it takes 1-2 hours at the registrar’s office. The prior appointment will be arranged by us.
A will helps to address some important issues:
Any person may dispose of any property owned one held by him & which is capable of being disposed of by him. It is prudent to mention all single or joint properties, wealth, assets, receivables as well as liabilities or loans in the will, including movable and intangible properties and assets.
Movable properties will include cash, jewelry, FD’s, Bank Accounts, Insurance Policies, Vehicles & all your furniture, fixtures, etc. Immovable properties will include all your land, building, flat, shop, office, plot, garage, etc.
And even one can bequeath pets, paintings, antiques, electronic items, furniture & fixtures, intellectual properties like a trademark, Patents, Copyrights, Licenses, Social Media Accounts, personal Belongings, and Books, etc.