A valid will in India must be made by a person of sound mind aged 18 or above, clearly state how assets are to be distributed, be signed by the testator and attested by at least two witnesses. Registration is optional but adds evidentiary weight, and no stamp duty is payable. Muslims are governed by personal law on bequests.
Essentials of a valid will
- Testator is of sound mind and at least 18
- Made voluntarily, without coercion or undue influence
- Clear identification of assets and beneficiaries
- Signed by the testator and attested by two witnesses
What to include
- Declaration revoking earlier wills
- List of assets: property, bank accounts, investments, business interests
- Distribution among beneficiaries
- Appointment of an executor
- Guardianship of minor children, if relevant
Registration and probate
A will can be registered with the Sub-Registrar to reduce disputes about authenticity. Probate, the court's certification of the will, is mandatory in certain cases, such as wills of Hindus relating to property in Mumbai, Kolkata and Chennai, and is often required by institutions elsewhere.
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Get expert help →Common mistakes
- Beneficiaries acting as witnesses
- Vague descriptions of property
- Not updating after major life events
- No executor or a single executor without a backup
Frequently asked questions
Can a handwritten will be valid?
Yes. A handwritten will is valid if it meets the legal requirements, including the testator's signature and attestation by two witnesses.
Can a beneficiary be a witness to a will?
A beneficiary should not be a witness, because a bequest to an attesting witness or their spouse can be void under the Indian Succession Act, though the will itself remains valid.
How can I change my will?
You can make a new will revoking the old one, or add a codicil, which is executed and attested with the same formalities as a will.
What happens if someone dies without a will?
Assets pass according to the applicable succession law, such as the Hindu Succession Act or Indian Succession Act, which may not match the person's wishes and can lead to disputes.
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