What the law says
Section 40 of the Registration Act, 1908 says a Will may be presented for registration by the testator or, after the testator's death, by any person claiming as executor or otherwise under the Will. Section 27 adds that a Will may be presented at any time; there is no deadline.
The inquiry after death
When someone other than the testator presents the Will, Section 41(2) requires the Registrar to be satisfied of three things before registering it:
- that the Will was executed by the testator;
- that the testator is dead; and
- that the person presenting it is entitled to do so under Section 40.
In practice the office fixes a date, may issue notice, and examines the attesting witnesses. If the witnesses have died, moved away or cannot be traced, proving execution becomes difficult, and the Registrar may refuse.
Why registering in your lifetime is better
Registered in your lifetime, the Will is recorded after the officer has seen you, checked your identity and heard you confirm it. Registered after your death, it depends on witnesses remembering an event that may be years old, while relatives who are unhappy with the Will may object.
If registration matters to you, do it now. It takes one appointment with you and your two witnesses.
A correction
An earlier version of our guide on whether registration is compulsory said a Will could not be registered after death. That was wrong, and we have corrected it.
Frequently asked questions
Can a Will be registered after the testator dies?
Yes. Under Section 40 of the Registration Act, the executor or a person claiming under the Will can present it for registration after the testator's death.
Is there a time limit?
No. Section 27 of the Registration Act allows a Will to be presented for registration at any time.
What does the Registrar check?
That the testator executed the Will, that the testator has died, and that the person presenting it is entitled to do so. The witnesses are usually examined.
General information, not legal advice.
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