Will is a legal declaration of the intention of a testator with respect to his property, which he desires to be carried into effect after his death. It includes codicil and every writing making a voluntary posthumous disposition of property. It is testamentary instrument by which a person makes disposition of his property to take effect after his death, and which, in its own nature, is ambulatory and revocable during his life. Thus, a Will can be changed by the executants as and when he so likes. It is a secret and confidential document which the executants is never ordered to produce.

There are two essential characteristics of a Will:-

(i) It must be intended to come into effect after the death of the testator; and

(ii) It must be revocable by the testator at any time.

PROCEDURE FOR WILL REGISTRATION:

As per the Registration Act, Will registration is done at the Sub-Registrar office, established by the State governments.  There is stamp duty is chargeable on Will registration. After drafting of the Will, a witness should accompany the testator to the Registrar for registration of the Will. After executing the Will, the registered Will can be deposited in safe custody with a banker or lawyer. Registrars also have authority to receive and hold in deposit Wills. The testator or any person duly authorised by the testator depositing a will to the Registrar should be sealed. On satisfying the identity of the testator or the person authorised by the testator, the Registrar would hold the cover containing the will.

In case a testator wishes to change or withdraw a Will from the Registrar, then he or she can apply personally or through a duly authorised agent. By satisfying the Registrar, the Will is delivered. In case of death of the testator, any person could apply to the Registrar for the opening of the cover containing the Will of the deceased. In such a case, Registrar can open the cover in the presence of the applicant and provide a copy to the applicant. However, the original Will would be in the custody of the Registrar until a competent court order for producing the Will before it.

REVOCATION OF WILL :

Revocation of Wills can take place in the following manner:-

1.         By execution of a subsequent Will

2.         By some writing and declaring an intention to revoke the Will

3.         By burning of the Will

4.         By tearing of the Will

5.         Otherwise destroying the Will

REVIVAL OF UNPRIVILEGED WILLS:

No unprivileged Will or codicil, nor any part thereof, which has revoked in any manner, shall revived otherwise than by the re-execution thereof, or by a codicil executed in manner herein-before required, and showing an intention to revive the same.

When any Will or codicil, which has partly revoked and afterwards wholly revoked, revived, such revival shall not extend to so much thereof has revoked before the revocation of the whole thereof, unless an intention to the contrary shown by the Will or codicil. A properly drafted, legally valid Will clearly indicates how ones savings and possessions pass on after death to the people and causes one loves and care about. It is not enough to talk about one’s wishes. It is important to put these on paper clearly how one’s wishes should be carried out after death. If one dies without making a Will i.e. ‘Intestate’ the law of inheritance takes into course. Registering the Will is optional but it is always beneficial to register one.

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

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