Is it necessary to register a Will?

Registration is optional under the Registration Act, however, a Will is likely to hold substantial evidential value if registered.

Who is eligible to create a Will?

Contrary to popular belief, anyone aged 18 years or over who is of sound mind and understands the nature and effect of the Will, and who is free of any duress can execute a Will.

Can a registered Will be contested?

Yes. Registering a Will gives it evidential weight in addition to being registered, however, disputes relating to capacity and undue influence or fraud can be raised.

Where do you establish a registered Will?

You need to go to the Sub-Registrar office where the testator is domiciled or the where the property is sited.

Am I able to register a Will online?

Registration is mostly done in person although there are guides online that partly facilitate Will registration, the testator and witnesses are generally required to be present.

How many witnesses does a Will require?

There must be a minimum of two independent witnesses; those who are not beneficiaries and are not closely related to the testator.

Can minors execute a Will?

A minor (someone under the age of 18) does not have the requisite legal capacity to execute a Will.

Is there stamp duty necessary?

Usually no stamp duty applies - there is only a nominal registration fee but you should verify this through the due diligence certificate.

Can a register be modified?

Yes, it can be revised or revoked, it is important to make sure the Wills are made in accordance with legal standards.

What are the advantages of registering a Will?

Registration provides safer custody, lessens the time to probate the Will, deters disputes, and further expedites the inheritance execution process.

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