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Procedure for Will Registration There is stamp duty is chargeable on Will registration. After drafting of the Will, a witness should accompany the testator to the Registrar for registration of the Will. After executing the Will, the registered Will can be deposited in safe custody with a banker or lawyer.
Filling of a probate petition the time of occurrence of the death of the testator. Copy of the latest Will made by the testator. proof that the Will has been duly executed. the list of the assets to be bequeathed through the Will.
It is not mandatory, but highly advisable to probate a Will to avoid any future complications arising during the distribution of property.
A cumulative reading of Sections 57, 213 and 264 would show: (i) that a person claiming to be an executor or legatee under a Will cannot rely upon the Will, in any proceeding before a Court of justice, unless he has obtained probate (if an executor has been appointed) or letters of administration with the Will annexed, ...
The act of registering a will just involves the creator of the will and any witnesses appearing before the registering authorities and having their identities confirmed. Also, it should be highlighted that there is no legal requirement for requiring the probate of any registered will.