How deposit works
Under Section 42 of the Registration Act, 1908, you, or an agent you authorise, can deposit your Will with any Registrar in a sealed cover. The cover must carry your name, your agent's name if one is used, and a statement of what the document is.
The Registrar satisfies himself of the depositor's identity, records the deposit in the register, and keeps the cover unopened in a fireproof box.
Withdrawing it
Under Section 44 you can take the cover back at any time, in person or through an authorised agent. That makes deposit useful if you expect to revise your Will.
After your death
Under Section 45, after your death anyone can apply to have the cover opened. The Registrar opens it in the applicant's presence, has the Will copied into the register at the applicant's cost, and keeps the original.
Deposit or registration?
| Registration | Deposit | |
|---|---|---|
| Contents read by the office | Yes | No, until after death |
| Officer confirms you signed it | Yes | Only your identity as depositor |
| Easy to take back | You revoke by a new Will | Yes, withdraw the cover |
| Best for | Proof against a challenge | Privacy and safe keeping |
If a challenge is your main worry, registration is stronger. If privacy is, deposit may suit you better. Fees for deposit are set by each state.
Frequently asked questions
Can I deposit my Will instead of registering it?
Yes. Section 42 of the Registration Act lets you deposit it with any Registrar in a sealed cover.
Can I take a deposited Will back?
Yes. Under Section 44 you can withdraw it at any time, personally or through an authorised agent.
Who can open it after my death?
Anyone can apply under Section 45. The Registrar opens it in their presence and copies it into the register.
General information, not legal advice.
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