How Long Is A Registered Will Valid In India?

In India, a registered will is a legally binding document that allows an individual to specify how their assets and properties should be distributed after their demise. It provides clarity and prevents disputes among heirs. However, like all legal documents, a registered will has a validity period. In this blog, we'll explore the duration of a registered will's validity in India and the circumstances that may affect it.

Understanding Registered Wills

Before we delve into the validity period, let's briefly understand what a registered will entails. A registered will is a will that is made in accordance with the provisions of the Indian Succession Act, 1925, and is registered with the concerned sub-registrar of assurances. To create a registered will, the testator (the person making the will) must be of sound mind and have attained the age of majority.

Validity of a Registered Will

The validity of a registered will in India is not limited by a specific timeframe. In other words, a registered will does not expire after a certain number of years. Once a will is registered, it remains legally valid until it is revoked or superseded by a subsequent will. This means that your registered will can remain in force for your entire lifetime if you do not choose to alter or revoke it.

Revoking or Altering a Registered Will

While a registered will does not have an expiration date, the testator has the right to revoke or alter it at any time during their lifetime. There are several ways to do this:

  1. Executing a New Will: A testator can create a new will that explicitly revokes the previous will. The new will should be executed in the same manner as the old one, with proper witnesses and registration if desired.

  2. Express Revocation: A testator can also revoke a will by executing a document specifically stating the revocation of the previous will. This document should be executed with the same formality as a will.

  3. Physical Destruction: A registered will can be revoked by physically destroying it with the intent to revoke. This should be done in the presence of witnesses, and it's advisable to execute a new will afterward.

  4. Marriage: In some cases, a registered will can be automatically revoked if the testator gets married after creating the will. However, this depends on the specific circumstances and the applicable laws.

Probate and Legal Formalities

After the testator's demise, the registered will must go through the process of probate, which is the legal validation of the will by the court. Once the court grants probate, the will becomes legally effective, and the executor (if appointed) can begin administering the estate as per the instructions in the will.

Conclusion

In India, a registered will does not have a fixed validity period. It remains legally valid until the testator decides to revoke it or creates a new will. However, it is crucial to keep the will updated to reflect any changes in assets, beneficiaries, or wishes. Consultation with a legal expert can provide clarity on the specific laws and procedures related to wills in your state, as some states in India may have slight variations in regulations. Ultimately, a registered will serves as an essential tool for ensuring that your assets are distributed according to your wishes, providing peace of mind for you and your loved ones.

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