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How to draft a legal will in India?

English हिंदी বাংলা मराठी தமிழ்తెలుగు

A will is a legal document that outlines how you want your assets (like property, money, and belongings) to be distributed after you die. It can also include your wishes about guardianship of your minor children. In India, Wills can be registered under the Registration Act, 1908.

For this, the following steps are required:

1. Choose an Executor

An executor is a person you trust who will carry out the instructions in your will. Choose someone responsible and capable of handling financial and legal matters.

2. List Your Assets

Make a list of all your assets, including property, bank accounts, investments, jewellery, and other valuable items. Be as detailed as possible.

3. Decide How to Distribute Your Assets

Clearly state who gets what. You can distribute your assets to family members, friends, or even charities. Be specific to avoid confusion.

4. Write Your Will

You can write your will yourself or use a lawyer. If you choose to write it yourself, make sure to:

State your full name, address, and declaration that you are of sound mind and not under any undue influence.
Name the executor of your will.
Clearly list and describe all your assets.
Specify who gets what asset, including their full names and relationship to you.
Sign and date the will.

5. Witnesses

In India, a will must be signed in the presence of at least two witnesses. The witnesses should not be beneficiaries of the will. This means that they cannot be the persons to whom all the assets are being given to. They must also sign the will to confirm they witnessed you signing it.

6. Keep It Safe

Keep the original will in a safe place, such as a safe deposit box. Make sure your executor knows where it is and how to access it.

7. Register the Will (Optional)

While not mandatory, registering your will with the sub-registrar can add an extra layer of security. A registered will is less likely to be challenged.

8. Review and Update

Review your will periodically and update it if there are any significant changes in your life, such as marriage, divorce, birth of a child, or major changes in your assets.

Sample Will Format

Here's a simple format to get you started:

LAST WILL AND TESTAMENT

I, [Your Full Name], son/daughter of [Parent's Name], residing at [Your Address], being of sound mind and memory, do hereby declare this to be my last will and testament.

1. I appoint [Executor's Full Name] as the executor of my will.

2. I bequeath the following assets to the following people:
   - [Asset 1]: To [Beneficiary's Full Name], [Relationship], residing at [Beneficiary's Address].
   - [Asset 2]: To [Beneficiary's Full Name], [Relationship], residing at [Beneficiary's Address].

3. [Any additional instructions or wishes]

Signed on this [Day] day of [Month], [Year].

_______________________
[Your Signature]

Witnesses:
1. _______________________
[Witness 1 Full Name and Signature]
[Address]

2. _______________________
[Witness 2 Full Name and Signature]
[Address]

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FAQs

FAQ 1: What are the steps to create a legal will in India?

Answer: To create a legal will in India, follow these steps:

Choose an executor to carry out your instructions.
List all your assets in detail.
Decide how to distribute your assets.
Write your will, including your full name, address, declaration of sound mind, and distribution details.
Sign the will in the presence of at least two witnesses who are not beneficiaries.
Keep the will in a safe place.
Optionally, register the will with the sub-registrar.

For more information, refer to the Registration Act, 1908.

FAQ 2: Is it necessary to register a will in India?

Answer: Registering a will in India is optional but recommended for added security. A registered will is less likely to be challenged in court. To register, visit the sub-registrar's office with your original will and pay the applicable fee.

Additional Tip:

Ensure your will includes a declaration that you are of sound mind and not under undue influence, as this helps prevent disputes over the will's validity. Periodically review and update your will to reflect any significant changes in your life or assets.

Written by Arshita Anand

Arshita is a final year student at Chanakya National Law University, currently pursuing B.B.A. LL.B (Corporate Law Hons.). She is enthusiastic about Corporate Law, Taxation and Data Privacy, and has an entrepreneurial mindset