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Is it compulsory to register a Will? Stamp duty?

  • 2023-02-06

It is NOT compulsory to register a Will. There is no such requirement under the law.

In fact , a Will can be written / typed on a plain piece of paper. Stamp paper is also not required. There is NO stamp duty on Will. 

An unregistered will that has been properly made and executed is a valid Will.  Also, an unregistered properly executed Will cancels the earlier made Wills -irrespective of whether the earlier Wills are registered or not.

To ensure proper execution of Will :

All three : You (whose Will is being signed) and the two witnesses : should be present together to sign the Will.

The Will should be signed at the designated places in the document by you and your two witnesses in the following order:

1. You sign the Will 
2. The two witnesses will then sign the Will .

Please note that all three should be present together while signing the Will.

In case, one wants to register their Will, they can do so at any time after making the Will. Generally, the testator and the witnesses will be required to visit the registrar office for the same. 

In the age of smartphones being there in every household, you can take video of the signing of Will.  This is also optional. You can start by saying your name, date, place and that you are making your Will. You may also read out initial paragraph which does not contain any critical details so that the Will remains confidential. The recording should capture the signing of Will by Testator/s and the two witnesses. 

Do not worry, go ahead, make your Will. It brings peace of mind and is easy.

Please note that all content provided in the blogs are for informational and educational purposes only. They are neither investment, accounting, taxation nor legal advice, and should be treated as such. The writes make no representations as to the accuracy or completeness of any content or information contained herein or found by following any link on these blogs.

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