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.

Document required for will registration

• Identity proof of applicant/executant
• Resident proof of applicant/executants
• Property documents
• 2 pasport size photographs
• Witness with ID card

Registration Fee of will in Punjab is : Rs. 4720/-

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. Although Wills are usually made for disposing property, they can also be made for appointing executors, for creating trusts and for appointing testamentary guardians of minor children. In one case, the Andhra Pradesh High Court has held that contents of the Will must indicate that it is intended to come into effect after death of testator and that it is revocable at any time prior to his death and a document cannot be treated as a Will by a mere reading of heading of it.

Will is liable to be revoked or altered by the maker of it at any time when he is competent to dispose of his property by Will.

When a person dies without having made a Will, he is said to have died intestate. His property is then inherited by his legal heirs in accordance with the law of inheritance applicable to him. It must be noted here that legal heirs generally include close family members such as one’s spouse, children, parents, brothers and sisters.

A “Will” is a legal declaration of a person’s intention which he desires to be performed after his death. A person who makes a will is said to have died in testate, if not it is intestate. In other words we can tell that a testator is the one who has made a legally valid will before death.Through “Will” one can transfer his property to any person he likes, i.e. Faithful servant, handicapped children, widowed daughter etc. It avoids confusion about the disposal of property, among the family members after his/her death. A will can be created by any person at any stage of life.

Characters of Will
Following are the major characteristics of a will;
1. A will must be in writing and signed by the testator (except privileged will by soldier/airman engaged in warfare or a mariner being at sea). The signature must be placed in such a way that it shall appear that it was intended to give effect to the instrument as a Will.
2. The Will should be attested by two or more witness in the presence of the testator. The attesting witnesses need not know the contents of the Will. They are only witnesses to the signature or mark of the testator.
3. The attesting witness and his/her spouse must not be beneficiary under the will otherwise the bequest (the act of gifting money or property in a will) in their favour would be invalid. However the validity of other bequests under the will not be affected.
4. It takes effect after the death of the testator.
5. Will is revocable during the life time of the testator.
6. There is no particular form for will by law. The language should be as simple as possible and understandable even by a layman.
7. A Will can be made on plain paper ( need not to be on a stamp paper)
8. Registration of Will is not compulsory, though it is desirable Persons authorized to make a Will Every person of sound mind, not being a minor can dispose of his property by Will. The following are fundamentals for making a valid Will:
Testamentary capacity and sound disposing mind Knowledge of contents Free from undue influence/ fraud/coercion Voluntary act Property that can be disposed by Will All properties, movable or immovable, of which the testator is owner and which are transferable can be disposed of by a Will. Property which is not legally transferable cannot be bequeathed. It means we cannot write a Will on the property which is legally not transferable. If a person has only a life interest in a property, he can not make a will in respect of it. The right to bequeath the assets according to testator’s wishes is not totally free. He can’t be permitted to make a Will in which he leaves all his property to a charity and in the process reduce his dependant family members to a state of poverty and deprivation.

Who can be a legatee under a Will?

Any person can be a legatee (beneficiary by the will) including a minor or a lunatic. However, a bequest to a person not in existence at the time of testator’s death is void under the Hindu and Muslim laws (This happens when the legatee die before testator). A minor can bequeath property through executor/trustees till the time of attaining majority.
Testator – Is the one who has made a legally valid will before death Legatee – Beneficiary by the willInvalid Bequest
Wills made by the Muhammadans are governed by the Muhammadan Law which is basically governed by their religious texts. The inheritance laws for Sunnis are different from those of Shias. WILL Registration
A Will means the solemn declaration of the intention of a testator with respect to his property, which he desires to be carried into effect after his death, a document which speaks of his wishes after his death.
In other words, it is a solemn document by which the dead man entrusts to some trusted living person the task of carrying out his wish and desire as regards his estate after death.
A Will or any part of a will, the making of which has been caused by fraud or coercion or by such importunity as takes away the free agency of the testator, is void.

Will cancellation

Documents required for will cancellation by the executants

• Written and signed original Registered will by the executants
• Identity Proof of executants and witnesses.
• Residence Proof of executants and witnesses.
• Two passport size photographs of executants

Registration fee for will cancellation in Punjab is : Rs. 4720/-

Will must be revocable by the testator at any time. Although Wills are usually made for disposing property, they can also be made for appointing executors, for creating trusts and for appointing testamentary guardians of minor children.
Will is liable to be revoked or altered by the maker of it at any time when he is competent to dispose of his property by Will.
Will is revocable during the life time of the testator.