Will

A will lets a person (the testator) decide who gets their property after death, and who will carry out those wishes (the executor). Without a will, property passes by the law of intestate succession.

The law behind it

For most Indians the Indian Succession Act, 1925 governs how a will is made. Section 59 says any person of sound mind who is not a minor can make a will. Section 63 sets the formalities: the testator signs (or puts a mark), and at least two witnesses each see the testator sign and sign in the testator's presence. Hindus, Buddhists, Sikhs and Jains can will away their property under Section 30 of the Hindu Succession Act, 1956. Muslims are governed by their personal law, which generally limits a bequest to one-third of the estate unless the heirs consent.

Registration and proof

Registering a will with the Sub-Registrar is optional under Section 18 of the Registration Act, 1908, but it makes it harder to dispute. A will has to be proved by calling at least one attesting witness if it is challenged (Section 67 of the Bharatiya Sakshya Adhiniyam, 2023, which replaced Section 68 of the Indian Evidence Act).

Common mistakes

• Witnesses who did not actually see the testator sign.
• A beneficiary or their spouse acting as a witness (under Section 67 of the Indian Succession Act, a bequest to an attesting witness or their spouse is void, though the will itself stands).
• Vague descriptions of property, or no residue clause for property not mentioned.
• Changes written on the will after signing instead of a proper codicil.

Start with a simple will and read how to write a valid will in India.