How To Get Your Will Deed Notarised

Notarization is the process that assures the document between the parties of a transaction is authentic, free from any fraud, and can be trusted. The State or Central Government appoints a notary officer on its behalf to perform the notarization of documents, which includes verification, certification, or attestation of documents. For a sensitive case such as a Will deed, notarization provides an added legal protection, which could assist in averting property inheritance or succession disputes in the future.

According to Indian law, it is not mandatory to notarize or register a Will deed. But it is preferred to add more authenticity value to the document as sensitive as a Will. It is well known that a Will has no format; you can write it on plain paper and get it witnessed by two witnesses, which is also a valid Will, but then it gets very difficult to prove the validity of such a document in a court of law. There is usually a protracted legal struggle between legal heirs and the beneficiaries due to the lack of registration or notarization, which could be prevented with adequate notarization done at the time of execution of the Will. Therefore, it is always advisable to draft your Will deed under the supervision and advice of a lawyer and get it notarized 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 be required 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 are 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.  The credibility of witnesses is most important; they should be independent and should not be the beneficiaries of the Will because this reduces most of the challenges that may yet be brought against the validity of the Will.

‍A small piece of advice: You must be sure that your witnesses are familiar and old enough to grasp the procedure and what they are witnessing and 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.

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Documents required:

1. Original Will deed

2. Identity proof of the testator (person who writes a Will) and the 2 witnesses. It can be an Aadhaar Card, PAN Card, etc.

3. Medical certificate of the testator signed by a medical practitioner with either M.B.B.S. or M.D. qualification. Make sure that the certificate expressly declares that the testator is physically fit and intellectually competent to comprehend the contents of the Will. A medical certificate is valid up to 24 hours to 7 days only; therefore, ensure to carry the latest one.

‍3-step process of notarization:

Step 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.

Step 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:

1. Name of the notarial act

2. Name of the executant or individual involved with their complete detail and full addresses

3. Contents of document

4. Notarial fees stamp affixed

5. Prescribed fees

6. Fees charged

7. Serial no. of the receipt book

8. Signature of the person concerned

9. Signature of notary

Step 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. After notarization, the correctly signed document must be securely stored in a place, and the location of the storage must be communicated only to the members of the family who can be trusted with the document to prevent any problems in the future when executing the same.

Common Doubts About the Notarization of the Will

Q1. Is it enough to notarize a Will to make it valid?

A. Yes, the notarization is, of course, a good thing in enhancing the legality of a Will, but it must comply with all other important legal requirements under the Indian Succession Act, 1925.

Q2. Can a notarized Will be contested?

A. A notarized Will can be contested, but the important factor about notarization is that it will be strong proof in a Court of Law that the Will was executed by the testator willingly and with full capacity.

Q3. What is the difference between Notarization and Registration?

A. Notarization and registration are two different legal procedures that serve different purposes in validating a Will in India.

Notarization can only be done by a licensed Notary Public. It affirms that the signatures on the Will are authentic. It serves merely as preliminary evidence that the testator did the execution of the document willingly and with full knowledge. Although the process of notarization is not legally binding, it is a good idea to add more credibility to the document. However, it does not make the Will a public record, nor does it entirely avert disputes among heirs.

Registration, on the other hand, is done at the Sub-Registrar's office. It officially records the Will, giving it stronger evidentiary value in case of future disputes. Although registration is optional, a registered Will often is viewed as more trustworthy in legal proceedings. The process requires two witnesses, valid identification, and a nominal government fee.

In essence, notarization authenticates the signatures, while registration validates and records the entire Will, offering greater legal assurance and transparency.

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. In India, a Will must be a physical hard copy with original wet-ink signatures, as digital notarization or registration is not legally valid. While drafting can be done online via AasaanWill’s platform, the Will must be physically signed by the testator in the presence of at least two witnesses before notarization or registration. Notarization of the Will deed is inclusive of the pricing that we charge you for drafting your Will. 

AasaanWill offers the convenience of preparing your Will from home and also supports professional printing to meet legal standards. Once you request notarization of your drafted or updated Will, we schedule an appointment with a notary officer for free notarization. Since remote notarization or registration is invalid under Indian law, we ensure the entire process is completed offline in full compliance with legal norms. You must be physically present for signing, while our team handles everything from verification to attestation, providing comprehensive end-to-end support.

We hope this article was helpful for you to get a basic understanding of the notarization of a Will deed.

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