Registeration of a Will...

Querist : Anonymous (Querist) 16 January 2011 This query is : Resolved

I know registration of a Will is not mandatory but why is it considered better ...

If a will is not registered does it stands a chance in probate ...

If a will is Notarized ... is it better then a not registered Will and is it important for the testator to sign some paper before the Notary Public ...

Thanks ...

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A V Vishal (Expert) 16 January 2011
I know registration of a Will is not mandatory but why is it considered better ...

Ans. Since registration confirms that the testator has in deed executed the will, so there can be no dispute after the death of the testator.

If a will is not registered does it stands a chance in probate ...

Ans. Registration has got nothing with probate, both registered and unregistered will can be probated.

Raj Kumar Makkad (Expert) 16 January 2011
I completely agree with Vishal.

Advocate. Arunagiri (Expert) 17 January 2011
I agree with Mr.Vishal.

Querist : Anonymous (Querist) 17 January 2011
Thanks...

But my question was if the Will is not registered
does it creates more problems then a will which is registered if it is challenged and if so ' how much more problems'-

Amit Minocha (Expert) 17 January 2011
Incase of any dispute if it is a regd will it is more easier to prove its genuineness as Registrar office can be summoned with records of registration and there is less chances of its being disproved. Other wise admissibility in the eyes of law is same for both regd and unregd.

V.Mahadevan (Expert) 17 January 2011
Registration and stamp duty are not attracted with respect to a Will. Same as regards Notarisation.
The property of the deceased has to be collected; sums due to him are to be recovered; his liabilities/ debts are to paid and his the property distrbuted among his legatees/ beneficiaries.All these are carried out by executors/ administrators of the deceased's estate.
Even if a WILL is registered,its
validity can be disputed.
To put in a nutsheell the named Executors / Administrators would need to obtain a probate of the Will. A Probate is a legal document granted by a Court empowering the Executors to deal with the property in accordance with the terms of WILL.
Even in the absence of a written WILL, the heirs can move the Court to ensure that the proerty of the deceased is properly adminstered in terms of the WILL.

Querist : Anonymous (Querist) 17 January 2011
Thanks for the answers ..

I understand a Regd. Will is better then not a Regd. Will when it comes to the Probate of the Will ( Easier to Probate ) ...

Is a Notarized WIll more better then an Un Regd. Un Notarized Will ...

Thanks...

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