What is a will?

A will is a legal document that dictates the handling of all the assets and their distribution among the children or other parties on the event of death of a person. 

The document is a clear conveyer of your wishes after the incident of passing away.

How to make a property will in India?

To make a will of property in India, you can either consult a lawyer or follow the below given process:

Start with a declaration stating that this is your last will and you are creating it in your senses, free from any pressure. Additionally add name, age and address here.

List down your assets along with its value and details of the necessary documents for those assets. The assets may include property, bank deposits, shares and other funds among other assets.

Now make a list of beneficiaries who shall inherit the assets after your death. Make all the provisions and carefully make the list to eliminate any ambiguity.

You’ll have to carefully lay down provisions for your children as well if they are below 18 years of age. Mention the guardianship and people responsible for them in your absence.

It is important to mention the executor of the will in this legal document. This person will be responsible to execute the will after your death.

If you wish to mention anything in particular or any other wishes, mention them in the will

Now that you have documented everything, sign the will and get two adult witnesses to sign it as well at the time of registration of the will.

I know notarising and registering your will is not mandatory according to Indian law but it is highly advisable to do so in order to avoid any conflicts or frauds; and to ensure that the will is executed properly.

Now that you know how to write will for property, here is what you should know about who can make the will.

Who can make the will?

According to the Indian Succession Act 1925, Section 59, the maker of the will must be of sound mind and above 18 years of age.

What is the format of a will?

There is no prescribed form of a will. In order for it to be effective, it needs to be properly signed and attested. It must be initialed by the testator at the end of every page and next to any correction and alteration. 

Is handwritten will legal in India?

Yes, the handwritten Wills are legal in India. However, they need to be legible and should also follow the criterions or the essentials of a valid will. What is a valid Will in India? If any Will has the essentials mentioned in it along with the proper intention of the testator, it is valid.

What is will registration?

The registration of a document provides evidence that the proper parties had appeared before the registering officers and the latter had attested the same after ascertaining their identity. In India, the registration of wills is not compulsory even if it relates to immovable property. The non-registration of a will does not lead to any inference against the genuineness of a will.

Does a Will need to be registered in India?

In India, registration of Wills is not compulsory. Once a Will is registered, it is placed in the safe custody of the Registrar and cannot be tampered with, destroyed, mutilated or stolen. However, non-registration of a Will does not lead to any inference against its genuineness.

Can a will be registered anywhere in India?

Will is to be registered at the office of Sub-registrar of Assurances which is in the jurisdiction of the residence of the person who made the Will. There are no government fees for registration of a Will except scanning and photocopy charges which is very nominal.

Who can witness a will in India?

Witnesses should be adults, i.e. above 18 years of age. While choosing the witness you must keep in mind that they should survive you as they may need to testify the Will after your death. It is important to ensure that your witness does not have any potential bias or conflict of interest.

How long is a will valid after death India?

Once the contents of the will are carried out the will is considered to be executed. There are no specific laws regarding longevity/ period of time for the will in Indian law. Once the period of 12 years is passed, the will is said to be Permanent.

Can a beneficiary be a witness to a will in India?

Inheritor Witnessing Will

As per the Indian Succession Act, an inheritor mentioned in the Will or his or her wife or husband cannot be a witness to the Will. Hence, it is important that any person mentioned as an inheritor or beneficiary in a Will not witness or attest the Will.

Which will is valid in India?

The Will of the testator must be written by people with sound and clear mind means any person under a state of intoxication, illness or any similar cause cannot make a Will; Either the Will is registered or the probate proceedings have the authority if the Will has been made with due process of the law.

by- Adv. Sunita Nagpure

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Writing a Will?

5 Things to know before writing a Will

1. Who will be the Executor of your estate?

You should decide who will be the Executor of your estate, and ask them if they will take on the role. Honesty and integrity are both important when choosing your Executor, as they will ensure that the terms of your Will are carried out.

It’s best to nominate someone you know and trust. This could be someone outside your family or friend circle, such as an accountant or lawyer. You can also appoint more than one executor in case the first person you choose is unable to fulfil the role at the time it’s needed.

2. Who will be the Beneficiaries of your Will?

A beneficiary is a person or people who inherit gifts or your estate, when you pass away. You get to choose your beneficiaries, with people most often choosing loved ones who mean a lot to them.

If you have a child or children, you will most likely nominate them as beneficiaries, so you can have peace of mind that they will be cared for and protected. Other beneficiaries can be parents, siblings, significant others, other relatives, and good friends. Many people also include charities and worthy causes in their Will as a beneficiary.

3. What will happen to your pets after you pass away?

Our pets are important members of our families. If you have a much-loved pet, you may want to ensure that they are cared for in the future.

You can’t leave a gift directly to your pet, but you can nominate a family member or friend to care for them. You can then allocate funds for the care of your pet, which your friend or family member will manage.

4. Can you leave a gift to a charity in your Will? 

You decide who will benefit from specific gifts in your Will or a share in your estate, after any outstanding expenses are paid. 

This means that as well as choosing family and friends as beneficiaries, you can also include a favourite charity, such as The Fred Hollows Foundation, in your Will. 

By choosing to leave a bequest to The Foundation, you will be helping restore sight to some of the most vulnerable people in Australia, and in 25 countries where we work. And just like Fred, your legacy will live on, helping to end avoidable blindness and strengthening eye health systems and the global health workforce for generations to come. A gift of as little as 1% of your Estate can make a significant difference to causes that you care about.

Alison, a passionate supporter of The Fred Hollows Foundation, who has left  a gift in her Will, says: "I strongly encourage anyone who supports The Foundation to seriously consider leaving a gift in their Will. It leaves a warm and fuzzy feeling to know that folks’ lives will be improved due to my contribution."

5. What happens if your don't have a Will? 

If you pass away unexpectedly without having written a Will, the court in your State or Territory will be appointed Executor and will use its own rules to decide what happens to your children (if you have any), as well as your assets and estate. This can be lengthy, stressful and expensive for your loved ones, who will have to bear the burden, while grieving. 

Having a Will in place will give you peace of mind that all your affairs are in order, and your nearest and dearest will be cared for, with one thing less to stress about.

-Adv. Anita Adsul