Navigating the Legal Landscape: Notarised vs. Registered Will in India, which one is right for you?

Although both notarisation and registration help add a layer of authenticity to the last Will and testament of a person, there are differences between the two processes. So naturally, this question comes – which is better, a notarised Will or a registered Will? It's a question that has perplexed many, but fret not, we're here to break it down and make it as clear as a summer's day. So, let's jump right in!

A Quick Recap: Notarised and Registered Wills

Before we venture into the comparative analysis, let's take a brief look at what notarised and registered Wills are.

• A Notarised Will is a testament that's been verified and stamped by a Notary Public. The notary ensures that the person making the Will is of sound mind and not under any duress or influence.
• A Registered Will, on the other hand, is a Will that's been officially recorded and stored within the office of the Registrar of Assurances. Registration of a Will offers an additional level of assurance and legal protection.

The Notarised Will vs. Registered Will Debate

Now, onto the main event! Which one is better - a notarised Will or a registered Will? Let's analyze.

The Case for Notarised Wills

Notarised Wills have their set of advantages:

• They provide an extra layer of authenticity to the Will.
• The Notary Public verifies the identity of the testator and their state of mind, ensuring that the Will is created willingly.
• The process is simpler and quicker than registration.

The Case for Registered Wills

Registered Wills, however, bring a different set of benefits to the table:

• They provide stronger legal evidence of the Will's validity.
• The Will is kept safe and secure in the registrar's office, eliminating the risk of loss or damage.
• The registrar verifies the identity of the testator and witnesses, adding another layer of security.

Notarised Will vs. Registered Will: A Quick Comparison

Notarised Will

• Verified and stamped by a Notary Public
• Provides an extra layer of authenticity
• Notary verifies testator’s identity and state of mind
• Can be challenged in court

Registered Will

• Registered with the Registrar of Assurances
• Provides stronger legal evidence
• Registrar verifies the identity of the testator and witnesses
• Difficult to challenge in court

Our Verdict: Notarised or Registered Will?

While both notarised and registered Wills have their advantages, in our opinion, a Registered Will stands on stronger grounds. Here's why:

• A registered Will provides stronger legal evidence and is hard to challenge in court.
• The process of registration ensures the Will is safely kept under government supervision.
• The registrar's verification of the testator and witnesses adds a superior layer of authentication.

That being said, it doesn't mean that a notarised Will is not effective. Both add validity to the Will, but a registered Will just carries more weight in the legal context.

So what should you opt for?

The decision to opt for a notarised Will or a registered Will ultimately depends on individual preferences, the complexity of the estate, and other specific circumstances. No blog can substitute for the personalized advice of a legal expert. So, do consult our legal experts before making your decision.

Reach out to our team of legal experts at +91 80692 32888, drop a WhatsApp message on +91 87644 47848, or write to us at [email protected] to know which one would be ideal for you.