Will Drafting & Registration in Nepal

A Will (बसीयत) is a legal document that allows a person to declare how their property should be transferred after their death. In Nepal, property disputes among family members are extremely common, especially when there is no written Will.

Drafting and registering a Will protects your:

• Assets

• Spouse & children

• Property wishes

• Family peace

• Inheritance rights

Under Muluki Civil Code 2074, Wills are legally recognized and enforceable once properly drafted and certified.

Who Can Make a Will in Nepal?

Any person who is:

• Above 18 years of age

• Mentally sound

• Not under pressure or threat

can legally draft a Will.

Types of Will in Nepal

Nepal recognizes two primary types:

1. Registered Will (दर्ता गरिएको बसीयत)

• Drafted with legal assistance

• Verified at the District Court

• Strongest legal validity

• Hard to challenge

2. Unregistered / Private Will

• Written by the individual but not legally registered

• Valid, but easier to dispute

For maximum legal protection, registered Will is strongly recommended.

What Can Be Included in a Will in Nepal?

You can include:

• Land, house, flats, ancestral property

• Bank accounts, savings, investments

• Vehicles

• Shares & business ownership

• Jewellery & valuables

• Pension, insurance, and benefits

• Guardianship of minor children

A Will ensures the assets are distributed exactly as the person wishes.

Will Drafting Process in Nepal

Creating a legally binding Will requires following specific steps:

Step 1: Prepare the Draft

Consult a lawyer and prepare a Will containing:

• Personal details

• Beneficiaries

• Property lists

• Distribution plan

• Executor details

• Signatures

Step 2: Attach Required Documents

Common documents include:

• Citizenship copy

• Land ownership certificates (Lal Purja)

• Marriage certificate (if applicable)

• Birth certificates of children

• House map & related documents

• Bank details

• Witness details

Step 3: Visit District Court for Verification

The testator (the person making the Will) must appear personally before the District Court.

The judge verifies:

• Mental condition

• Voluntary intent

• Absence of force or influence

Step 4: Court Registration

After verification, the Will is registered and stored in court records.
Both the court and the individual may keep copies.

Step 5: Activation After Death

The Will becomes legally effective only after the testator’s death.
Heirs must submit the Will to the court to claim property.

Why Should You Register Your Will in Nepal?

• Prevents family disputes

• Ensures rightful distribution of ancestral or self-acquired property

• Protects spouse and children

• Simplifies property transfer

• Court-stored Will cannot be stolen or destroyed

• Helps NRNs or migrants ensure property safety

Can a Will Be Changed in Nepal?

Yes.
A Will can be:

• Modified

• Replaced

• Cancelled

anytime before death, as long as the person is mentally capable.

How Heirs Claim Property After Death (Based on Will)

Beneficiaries must:

1. Submit death certificate

2. Submit the Will to District Court

3. Apply for inheritance ownership transfer

4. Complete Land Revenue Office (Malpot) transfer

5. Register property in their name

If the Will is registered, the transfer is smooth.
If not, disputes and delays may occur.

What If Someone Dies Without a Will in Nepal?

Property is divided according to Muluki Civil Code hierarchy:

1. Spouse

2. Children

3. Parents

4. Grandchildren

5. Siblings

6. Other blood relatives

This standard distribution may not match a person’s wishes another reason why drafting a Will is essential.

Conclusion:

A properly drafted and registered Will ensures your property goes to the right hands without disputes, delays, or legal battles. Whether your assets are simple or complex, Will registration in Nepal provides peace of mind, legal security, and family harmony.