SANGUEM
In a major change to public wills executed by a person in favour of a legatee, the State Registrar has issued a recent notification to all sub-registrars in the State directing them to follow certain amends while recording the wills.
So far, a bare declaration by the Testator and Testatrix (persons who make the will) in the presence of three witnesses would be sufficient for the sub-registrar to get the will recorded.
However, under the new rules, the sub-registrar while recording the will needs the affidavits from witnesses about details of declarations made by the Testator and Testatrix.
Moreover, the sub-registrar is also required to confirm the identity of the Testator and Testatrix through a photo identity card.
In addition, the sub-registrar is also directed to get an affidavit from the legatee confirming the declarations made by the Testator and the Testatrix.
Incidentally, the new amends may complicate matters for people intending to make a will.
“Earlier, any person known to the Testator or Testatrix could easily get a person to act as a witness. Under the new rules, the witness needs to swear an affidavit, and there would hardly be any person who would take the risk to act as a witness,” explained a source.
