Frequently Asked Questions In Respect To Will

Q.    Does a Will require registration in Delhi?
Ans.    No. However, one should get his/her will registered as there is a presumption of will being genuine, if the same is registered.

Q.    Can a Will be challenged in Court of Law?
Ans.    Yes. A will can be challenged irrespective of its registration/non-registration. Though, the registered/non-registered Will have to be proved in case of a dispute by the holder of the Will, but in case, the Will is registered, the onus is upon the challenger/objector of the Will to prove the Will to be “not genuine”. Hence, it is advisable to register your Will.

Q.    Why should I write my Will when it can be challenged after my death?
Ans.    If there is no Will, the properties (moveable and immovable) will devolve upon legal heirs as per the Indian Succession Act. However, if there is a Will registered, it will be presumed to be genuine and the challenger/ objector will not succeed to disprove the same.

Q.    Can I change my Will?
Ans.    Yes. You can always change your Will as per your wish as many number of times you want. However, it is advisable to always get your latest Will registered and mention about your previous Will in your last Will.

Q.    What are the key points to remember while writing my Will?
Ans.    You should describe about your intentions and wish, the manner in which you wish your properties to devolve upon your beneficiaries. You should give detail of your family members and state reasons for your intentions of giving/not giving your properties to any member. The Will should be signed in presence of two witnesses (the witnesses should not be the beneficiaries in the Will) and the witnesses should also signed in your presence at the same time. It is advisable that the witnesses should not be very old aged persons.