Published on
05 May 2023
3 min read

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

Monika Taparia
Sep 11, 2023

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 to know which one would be ideal for you.