A will in India is remarkably informal in its requirements and unforgiving in its details. It can be handwritten on plain paper and still be valid; it can be professionally typed and still be struck down because of a witness who was also a beneficiary.
The validity requirements
- The testator is at least 18 years old and of sound mind (Section 59, Indian Succession Act, 1925).
- The will is in writing — handwritten or typed, on any paper. Stamp paper is not required.
- The testator signs or affixes a mark, with the intention of giving effect to the writing as a will.
- Two or more witnesses attest, each having seen the testator sign, and each signing in the testator's presence (Section 63).
- The will is made freely, without coercion or undue influence.
Witnesses should not be beneficiaries or the spouse of a beneficiary. Under Section 67, a bequest to an attesting witness is void, even though the will itself survives.
Is registration required?
No. Registration of a will is optional under the Registration Act, 1908. A registered will is not automatically more valid than an unregistered one, but registration makes it much harder for someone to allege forgery, and the sub-registrar retains a copy. Registration costs a small fee and requires the testator and both witnesses to appear.
What a good will contains
- Full identification of the testator and a statement revoking all earlier wills.
- A declaration of sound mind and free will, and the date.
- An inventory of assets: immovable property with survey or flat numbers, bank accounts with account numbers, demat and folio numbers, insurance policies, jewellery, vehicles.
- Clear beneficiaries with unambiguous shares — percentages or specific assets, never 'to be divided fairly'.
- An executor, with an alternate named in case the first cannot act.
- A guardian for minor children.
- A residuary clause covering anything not specifically listed.
- Signatures of the testator and two witnesses, with witness addresses.
Common mistakes that cause disputes
- Naming a beneficiary as a witness, which voids their bequest.
- Describing property loosely ('my Pune flat') when more than one exists.
- Leaving nominations pointing at someone other than the beneficiary named in the will.
- Forgetting digital assets, credentials and cryptocurrency entirely.
- Writing a will and telling nobody where the original is kept.
- Never updating it after marriage, divorce, a birth or a property sale.
How often to revisit it
Review annually and rewrite on any life event: marriage, divorce, birth, death of a beneficiary, buying or selling property, or moving countries. A later will supersedes an earlier one, so re-executing is cleaner than annotating.
Saarthi is a readiness and organization platform. It does not provide legal, tax, investment, or financial advice. Any generated drafts, checklists, or recommendations should be reviewed with qualified professionals before use.