Notarization is the process that assures the document between the parties of a transaction is authentic, free from any fraud and can be trusted. A notary officer is appointed by the State or Central Government on this behalf to do the notarization of documents which includes verification, certification or attestation of documents.
According to Indian law, it is not mandatory to notarise or register a Will deed. But it is preferred to add more authenticity value to the document as sensitive as a Will. It is quite known that a Will has no format, you can write it on plain paper and get it witnessed by two witnesses, that is also a valid Will but then it gets very difficult to prove the validity of such a document in a court of law. Therefore, it is always advisable to draft your Will deed under the supervision and advice of a lawyer and get it notarised or registered and reducing the chances of it getting contested in the future. In this article, we are specifically covering the process of the notarization of a Will deed.
You can also read: Benefits of Notarization
For the notarization of a Will, you will require to take 2 witnesses along with you who will sign in your presence declaring that you have made this Will having a sound mind, voluntarily and you’re a major i. e. above 18 years of age. It is mandatory to get it signed by two witnesses who are also of sound mind and above 18 years of age.
One practical tip: Make sure your witnesses are known and mature enough to understand the process and what they are doing. Sometimes notary officers deny accepting a 20-year-old person as a witness with the concern of future challenges like if a Will gets contested in the future.
- Original Will deed
- Identity proof of the testator (person who writes a Will) and the 2 witnesses. It can be Aadhar Card, PAN Card, etc.
- Medical certificate of the testator signed by a medical practitioner holding either an M.B.B.S. or M.D. degree. A medical certificate is valid up to 7 days only therefore ensure to carry the latest one.
3-step process of notarization:
I. The notary officer will first check your identity proof and medical certificate to confirm that you’re a major and of sound mind and then will verify the identity proof of your witnesses.
II. Notary officers maintain a register as prescribed by the government to enter all the details of the document that they are going to verify, certify or attest. It generally contains:
- Name of the notarial act
- Name of the executant or person concerned with full address
- Contents of document
- Notarial fees stamp affixed
- Prescribed fees
- Fees charged
- Serial no. of receipt book
- Signature of the person concerned
- Signature of notary
III. Then you and your witnesses sign the Will deed in each other’s presence in front of the notary officer and then the notary officer attests the document which means that he/she will affix the seal which contains his name, name of the area he is appointed to practice his functions and registration number, on the document certifying it to be valid.
And in these 3 steps, your Will deed is notarized.
Does AasaanWill help with the notarization of the Will deed?
Yes, we help you with the entire procedure from drafting your Will to getting it notarized. Notarization of the Will deed is inclusive of the pricing that we charge you for drafting your Will. Once you let us know that you want to get your Will notarized that is drafted or updated by us, we fix an appointment for you with the notary officer and you can get it notarized for free.
We hope this article was helpful for you to get a basic understanding of the notarization of a Will deed.
AasaanWill. Zaroori Hai!