Deposit of Will With Judicial Authority

Does a testator who makes a will have to deposit it with the Inheritance Registrar?

No! He/she may do so is he/she wishes, but there is no obligation to do so.

Is there any advantage in depositing a will with the Inheritance Registrar?

Yes, a will which is deposited and recorded with the Inheritance Registrar until the testator's death is prima facie evidence that the person making it do so at the very latest on the date of deposit. A further advantage is that depositing it is an insurance against loss.

Can a testator get back a will he/she has deposited with the Inheritance Registrar?

Yes, whenever he/she wishes.

When a will is deposited with the Inheritance Registrar is a check made by him as to whether it meets the requirements of the law?

No! Deposit of the will is a technical act and does not guarantee that the will meets the requirements of the Inheritance Law of 1965.

Can a will be deposited at the Inheritance Registrar via a messenger or agent?

No! It should be deposited in person by the testator. He/she cannot nominate anyone else to do this on his behalf,

Can a handwritten will which is not written in the testator's handwriting be deposited with the Inheritance Registrar?

No! Depositing a will with the Inheritance Registrar does not mean that the requirements of the law in relation to handwritten wills are relaxed . A handwritten will must be in the testator's own handwriting. Alternatively, a will signed before witnesses can be prepared , which can be typed, and this can be deposited with the Inheritance Registrar.

Is a beneficiary entitled to have access to and study a will deposited with the Inheritance Registrar while the deceased is alive?

No!

Are heirs entitled to get information about the deposit of a will before the Inheritance Registrar during the testator’s lifetime?

No! The Inheritance Registrar is under an obligation to keep the deposit of a will secret during the deceased’s lifetime.

Does the fact that a handwritten will is deposited with the Inheritance Registrar indicate anything about its validity?

No! There is no requirement for a handwritten will to be deposited in order to be valid.

Can a will before witnesses be valid if it is not deposited before the Inheritance Registrar?

Yes. There is no obligation to deposit it.

Can the deposit of a will with the Inheritance Registrar help if there is a dispute about when it was made?

Yes. Proof of deposit of the will with the Inheritance Registrar will provide prima facie evidence of when it was made, and this could help especially if different wills are presented for probate by different people. It could help to prove which will was the most recent.

Can a handwritten will made by the testator be left in his home, or could this endanger its validity later?

A testator is entitled to keep a handwritten will he prepares in his home, and this fact will not affect the validity of the will, if it is found after his death and presented for probate.

If a testator removes a will he earlier deposited from the offices of the Inheritance Registrar, does this mean that he effectively cancelled it?

No! Its removal does not cancel it, and it is as valid as it was when it was deposited there. Neither depositing or removing it affects its validity.

Can a handwritten will left at a lawyer's office be valid?

Yes. Leaving it with a trusted lawyer does not affect its validity either way.Its validity is not questioned because it was not deposited with the Inheritance Registrar.

Where is it acceptable to leave the original will, or a copy, after it is signed, if it is witnessed, but not at a lawyer's office?

A testator who made a will before witnesses is free to keep a copy of the will himself, leave it with a lawyer, or anywhere else he wishes, because the Inheritance Law of 1965 does not oblige him to deposit it anywhere specific in order for it to be valid. What matters is that it is made according to the conditions laid down . Of course, the testator also has the option of depositing the will with the Inheritance Registrar.

Can a testator's lawyer deposit a will made by him with the Inheritance Registrar on his client's behalf?

No, depositing of a will with the Inheritance Registrar is a personal act which can only be done by the testator himself. His lawyer cannot do this for him, but can accompany him.