Will & its registration

Advocate@Law Field (Querist) 18 February 2013 This query is : Resolved
I need suggestion regarding preparation of Will and its registration.My doubts are as under_
1)If the Will is on simple plain paper and its handwritten by the testator only then same must be registered as it is? Or can it be typed on stamp paper with the testator consent(in clear, unambiguous and legal language)to get it registered??
2)If so, can I add some clause i.e. clause to clarify circumstances if the executor/custodian for minor die before the death of the testator? (if will on simple paper does not contains it).
3) Probate is compulsory when the testator is from Mumbai?? If so,should i add one more clause for payment for probate?
4) last but not the least, can it be registered anywhere in India? or in Mumbai only??
Thanks in advance...

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Deepak Nair (Expert) 18 February 2013
1. A will need not be registered. But, registering a will is always a better option. Will can either be typed or handwritten.

2. You can add such clauses, but not after registration.

3. Probate is required to avoid disputes.
4. The will is registered with subregistrar under whose jurisdiction you reside.

prabhakar singh (Expert) 18 February 2013
1.If testator is able to write in his own hand writing it is best than better.However all that law requires it to be written(includes typed also)and then to be signed by the testator in presence of two attesting witnesses and those attesting witnesses are also required to sign the will in presence of the testator.

Registration is optional and no stamp paper is required to write a will.It can be on a plain paper.

2.Yes! you can add any circumstantial clauses of several eventualities and can appoint executors more than one to either act for beneficiary jointly or in alternative serial of preference pre chosen by you.But all contents should be written before signature of your's or of attesting witnesses.NOTHING TO BE ADDED AFTER EXECUTION OR AFTER REGISTRATION(if chosen).
3.Yes! you can.Executor should be appointed
if beneficiary is expected to remain minor the day will is expected to come in force.If executor is not appointed in will beneficiary can apply for letter of administration.

4.Possible but prefer to register where property is.

ONE UNASKED ADVISE:IT IS ALWAYS BETTER TO GET A WILL DRAFTED BY A WELL EXPERIENCED CIVIL LAW KNOWING LAWYER AFTER DISCUSSING ALL RELEVANT FACTS AND THEN EITHER GET IT WRITTEN IN YOUR HAND WRITING OR GET IT TYPED AS IT IS A BIT COMPLECTED DOCUMENT AND COMES IN OPERATION WHEN TESTATOR IS NOT THERE TO ADMIT IT OR EXPLAIN ANY THING IN CASE OF A DISPUTE ARISING IN COURT.