How to write a will in India: a simple guide

Quick answer: Any adult of sound mind can make a will. Write it clearly (it can be on plain paper), list your property and who gets what, name an executor, sign it in front of two witnesses who also sign (Section 63 of the Indian Succession Act, 1925, for most people), and keep it safe. Registration is optional but helps prove it later. Muslims are largely governed by their personal law on wills.

Without a will, property passes under succession laws, which may not match what you want and often leads to disputes.

Who can make a will?

Any adult of sound mind, acting freely. A will made under pressure or fraud can be challenged.

What to include

1. Your details: name, age, address, and a statement that this is your last will and you revoke earlier ones.
2. Your property: bank accounts, fixed deposits, flats and land (with addresses), shares, mutual funds, jewellery, vehicles.
3. Who gets what: name each person and their share clearly.
4. An executor: a trusted person to carry out the will.
5. Guardians, if you have minor children.
6. The rest: who gets anything not mentioned ("residue").
7. Date and place.

Signing and witnesses

Sign at the end in front of two witnesses, who sign too. Witnesses should not be people who receive anything under the will. Note their names and addresses.

Should it be registered?

Registration is not compulsory, but a registered will is harder to challenge. You can register it with the sub-registrar.

Probate

In some places (such as within the original limits of Mumbai, Chennai and Kolkata for certain wills), probate may be needed before the will can be acted on. Elsewhere, institutions may still ask for it for large assets.

Common mistakes

• Vague descriptions ("my flat") when you own two.
• Forgetting new property bought after the will.
• Witnesses who are beneficiaries.
• Not telling anyone where the will is.

Muslims

Muslim personal law generally allows a bequest of up to one-third of the estate by will, with the rest going to heirs by personal law, subject to exceptions. Take specific advice.

Frequently asked questions

Is a handwritten will valid in India?

Yes, if it is signed by you and attested by two witnesses as required by law. It doesn't need stamp paper.

Is registration of a will compulsory in India?

No, but it is useful evidence that the will is genuine.

Can I change my will?

Yes, at any time, by making a new will or a codicil, signed and witnessed the same way. See also [nomination vs will](/blog/nomination-vs-will-who-gets-the-money).

Get a first draft

[Ask April](/features/ask-april) to help you list your assets and wishes clearly, then have a lawyer check the final will.

This article is general information, not legal advice.