How to make a will in India: a practical guide

Most families intend to make a will “some day”. Without one, assets pass under the succession law that applies to the person, which may not match their wishes and often means more paperwork for those left behind. A clear, valid will is one of the kindest documents you can leave your family.

What a will should cover

• Your full name, address and a statement that this is your last will, revoking earlier ones.
• A list of your assets, or clear categories of assets, and who should receive each.
• What happens if a beneficiary dies before you (an alternate beneficiary).
• An executor: the person who will carry out the will. Choose someone trustworthy and organised, and ask them first.
• For parents of minor children, a guardian for the children.

Making it valid

Under Indian law, a will generally needs to be in writing, signed by you, and attested by at least two witnesses who see you sign. The witnesses should ideally not be beneficiaries. You must be of sound mind and making the will of your own free will.

Registration of a will is optional in India. It is not required for validity, but registering it with the sub-registrar creates an official record and can make it harder to challenge. Keep the original safely and tell your executor where it is.

Probate

Probate is a court’s certification that a will is genuine. Whether it is required depends on where the person lived, where the property is and the law that applies to them; it is mandatory in some situations, such as certain wills relating to Mumbai, Chennai and Kolkata. Even where it is not mandatory, some institutions may ask for it. Your adviser can tell you what applies to your case.

Mistakes that cause disputes

• Vague descriptions such as “my shares” or “the house”, when there are several.
• Leaving out assets acquired after the will was written.
• Nominations that contradict the will.
• Handwritten changes on the original after it was signed.
• No explanation for an unequal distribution, which can invite challenges.

When to review it

Review your will after every major life event: marriage, the birth of a child or grandchild, a death in the family, a large purchase or sale, or a move abroad. Otherwise, a quick check every three to five years keeps it current.

A will is one part of the plan

For families with a business, significant property or members abroad, a will often works alongside other tools, such as nominations, a private family trust or a family arrangement. The right mix depends on your assets and your goals, but the will is almost always the first step.