Legal Question in Wills and Trusts in India

02.05.2013

Dear Sir / Madam,

A Will has to be backed by a probate from the Court issued in the name of the beneficiary named in the Will. There is no compulsion to register the Will. To be valid, a Will has to be signed in the presence of two witnesses with their signatures on the Will. The Probate is to be obtained from the Court.

Regards,

dear client...

WILL is made so that after you your son can have legal right over the same...if you have flat then make him nominee in the society and make a WILL in his name then probate is not necessary... for any query mail me at [email protected]

If your son is the only child you have got, then why do you want to make a Will?

You can nominate him so the flat can be transferred in his name, in Society's records after your demise, at virtually no cost.

Costs for probate would be Stamping and lawyers' fees, plus other miscellaneous expenses which your son may have to incur and the probate has to cover all your assets, it cannot be only for flat. Hence the valuation will be flat plus assets.

Maximum court fee in Mumbai for this is Rs. 75,000/-.

A Will need not be registered.