How to Get a Will Notarised: Online Process, Documents Required and Benefits in India

Creating a will is one of the most important steps you can take to secure your family's future and ensure your assets are distributed according to your wishes. Notarising it adds a significant layer of authenticity to the document. A notarised will acts as strong evidence in court, proving that the testator (the person making the will) signed it voluntarily and was of sound mind. This guide will walk you through the entire process, the required documents, and the key benefits of having a will notarised.

What Is a Notarised Will?

A notarised will is one that has been signed in the presence of a notary public, who then authenticates the document with their official seal and signature. The notary public is a government-appointed official whose job is to verify the identity of the person signing the document and ensure that the signing is voluntary. Notarization serves as a safeguard against claims of forgery or identity theft, making the will more credible during probate proceedings. You can read more about the specific duties of a notary public to better understand their role.

Is Notarization of a Will Mandatory in India?

People often ask if a will needs notarization. Under Indian law, it does not. The Indian Succession Act, 1925, states that a will is valid if it is written, signed by the testator, and attested by two witnesses, without requiring notarization or registration. However, relying on a simple signed document can be risky, as unnotarized wills are more easily challenged in court. Experts recommend notarising or registering a will to enhance its validity, making it harder for relatives to contest authenticity. [1]

Benefits of Notarizing a Will

Even though it is optional, there are compelling reasons to go through the process of how to get a will notarised. It provides peace of mind and legal strength to your final wishes. [2]

• Adds Authenticity: The notary's seal serves as an official stamp of approval of the testator's identity.
• Helps Prevent Forgery Claims: Since a government-appointed official verifies the signing, it becomes difficult to claim the signature was forged.
• Simplifies Probate Proceedings: Courts often view notarised documents as more credible, which can expedite the probate process for the executor.
• Provides Date and Identity Verification: The notary's entry serves as proof of the date and place of execution, which is essential when multiple wills exist.

Documents Required to Notarise a Will

To ensure a smooth visit to a notary, you must have all the necessary paperwork ready. The notary must verify the identities of everyone involved. [3]

• Original Will (unsigned before notary): Do not sign the will at home; you must sign it in front of the notary.
• ID Proof of Testator: A valid government ID like an Aadhaar Card, PAN Card, or Passport.
• Address Proof: Documents supporting your current residence.
• Witness ID Proofs (if required): Copies of ID proofs for the two witnesses who will attest the will.

For a smoother experience, it is helpful to know how to verify notary credentials beforehand to ensure you are dealing with a licensed professional.

How to Notarise a Will in India?

The process of notarising a will is relatively straightforward but requires attention to detail. Following these steps ensures your will is executed correctly. [3]

Step 1: Draft the Will

Make sure your will lists all assets, details beneficiaries, appoints an executor, and uses clear language to prevent confusion.

Step 2: Arrange Witnesses

You need two adult, sound-minded witnesses who aren't beneficiaries to attest to your will. If a beneficiary witnesses, their inheritance may be void.

Step 3: Visit a Notary Public

Once the draft is ready and witnesses are arranged, visit a notary at the district court or a legal services office with all original ID documents and the unsigned will copy. If you are in Bangalore, you might find this guide on how to notarize a document in Bangalore useful.

Step 4: Sign the Will

The testator must sign the will in the presence of a notary and two witnesses, who then sign to confirm that they witnessed the signing willingly.

Step 5: Notary Attestation

After verifying the testator and witnesses, the notary seals, signs, and records the will. You will likely pay a fee of ₹500 to ₹2000, depending on the notary and location.

Difference Betweena Notarized Will and a Registered Will

It is important to distinguish between a notarised will and a registered will. While both add security, they are different legal processes with varying levels of strength. [4]

Can a Will Be Notarized Online?

With digital legal services, many ask, "Can I get my will notarised online?" Yes, platforms like NoBroker enable this through Remote Online Notarization (RON). You can upload your draft will and ID securely, then schedule a video call with a certified notary. During the call, the notary verifies your identity, witnesses your electronic signature, and applies their digital signature and seal. This method is legally valid and avoids the need to visit a notary's office or to find witnesses. You can check which states allow online notary or online processes in India to ensure compliance. 

Important Points to Remember Before Notarising a Will

Before you proceed with getting a will notarised, keep these essential points in mind to ensure the document withstands legal scrutiny. [5]

• Testator must be of sound mind: The person making the will must understand the consequences of their actions. A medical certificate proving mental fitness is often recommended for elderly testators.
• Witnesses should not be beneficiaries: To prevent conflict of interest claims, ensure your witnesses gain nothing from the will.
• Will should be signed voluntarily: The notary will check for signs of coercion. The testator must sign freely without any pressure.
• Content accuracy is the testator’s responsibility: The notary verifies the identity, not the content. Ensure your asset details and beneficiary names are 100% accurate.

How NoBroker Can Help With Notary and Affidavit Services

Understanding legal requirements for drafting and notarising a will can be overwhelming, especially under Indian laws. NoBroker provides legal help to simplify this. Their experts assist in drafting clear wills suited to your asset distribution and guide you through document verification. With NoBroker's how to get a will notarized services, you can access experienced notaries who facilitate smooth attestation, whether online or offline, saving you time and reducing the risk of legal errors in your final testament.