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
- 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 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 support@aasaanWill.com to know which one would be ideal for you.