Page 35 - Seniors Today - Oct 2019

Does a Will have to be registered?
Registration of a Will is not compulsory in
India. However, the testator can choose to
register his/her Will if he/she so wishes. The
benefit of registering a Will is that it is proof that
the testator had appeared before the registering
officer and the Will had been attested by the
officer. After registration, the Will is placed in
the safe custody of the Registrar. It is thus secure
and cannot be tampered with.

Does a Will have to be executed in the
presence of a Judicial Magistrate or a
Notary?
In India, it is not necessary for the Will to be
executed in the presence of a Judicial Magistrate
or a Notary.

What is the role of the executor(s) of the
Will?
The executors of a Will are responsible for
administering the estate of the testator on his/
her death. They ensure that the assets are
divided among the beneficiaries in accordance Making your Will is fairly simple, and will leave you with
peace of mind
with the Will and that all the instructions in
the Will are carried out. The executors obtain
probate from a Court where such probate is
required to prove the Will.

Can the witnesses also be beneficiaries?
The witnesses should not be named as
beneficiaries under the Will.

Where should the Will be kept?
A Will may be in multiple originals (two or
three is advisable), each kept in a safe place. (It
is necessary to inform your executor(s) about
where you have kept at least one original.
An important point to note: Never keep your
Will in a bank safe deposit box. When the
testator dies, the bank will not open the safe
deposit box until the executor obtains a probate
ie. permission from the court to administer the
estate, and a probate cannot be granted without
the Will. So make sure that your Will is kept
where it can be accessed by the executor(s).
Remember that witnesses should not be beneficiaries in
the Will
SENIORS TODAY | Volume 1 | Issue 4
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