Legal Guide

How to write a Will in India?

by Bhavya Choudhary · 3 min read

How to write a will in India

Introduction

  • A will is a document where an individual legally declares their intentions and wishes regarding the distribution of their assets and property. It comes into effect after the property owner passes away, and it is vital knowing how to write a will in India.
  • The individual who writes Will is called a “testator.”
  • It can be typed, printed, or handwritten by a testator who wants to pass on their wealth to their successors.
  • The testator can change the terms and alter the Will at any point in their lifetime. It is legally valid unless there is no fraud, coercion, or forgery involved. These factors should be acknowledged, and one must consider how to write a will in India to make one.
  • The registration of a will is not compulsory; it depends on the testator. The registered Will is more valuable and legally valid. The registrar keeps it safe and takes necessary actions when needed after the testator passes away.

As per The Indian Succession Act, Will are of two types:

  • Privileged Will: The wills made by army people, soldiers, airmen, and marine force people can be drawn orally or in writing without any legal formalities. It will be valid in whichever way the person left it.
  • Unprivileged Will: Everyone else has to complete the legal formalities and process to draw a will and make it valid.

How to write a Will in India?

There are some important points to write down in a will. These are:

  • Testator details: The owner must understand how to write a will in India and mention their information in detail. It includes the name, address, and any other personal information that might be necessary while distributing assets after their demise.
  • Declaration: Testator declaration is very crucial in a will. This proves that they are of sound mind, capable of making decisions, and free from any coercion.
  • Beneficiary details: The Will should mention the names, addresses, and personal information of the beneficiaries who will receive the assets after the testator passes away. Their portion and share of each asset of possession will be stated in detail in the proper execution of the Will. A legal consultant can help you understand how to write a will in India.
  • Executor details: The name and additional information about the executor should be given who will ensure the fair distribution according to the existing Will.
  • Property/asset details: Specified assets mentioned are distributed accordingly, so it becomes pertinent to thoroughly state which asset belongs to whom.
  • Share division: The portion for each beneficiary should be written. If any minor is involved, then the guardian’s details and a portion should be stated. The person drawing it may not know the entire procedure of how to write a will in India, and legal consultation can be taken in these cases.
  • Signatures: The testator should sign the Will in the presence of two witnesses, and the witnesses must attest to the Will in front of the testator to confirm the authenticity of the Will. This step is mandatory and crucial for any will to come into effect.

What are the laws governing a will?

Some laws regulate how to write a will in India and the transfer of property by the method of Will. The Laws are:

  • The Indian Succession Act of 1925
  • The Code of civil procedure, 1908
  • The Indian Registration Act of 1908
  • The Indian Stamp Act, 1899

Role of an Executor

  • The executor is the person who has the authority to distribute assets under the details mentioned in the Will. They overview the distribution and the entire procedure to make sure that the Will is being used appropriately. 
  • They might know how to write a will in India and can take further steps accordingly. It can be any trusted person, family, friend, or Chartered Accountant. 
  • If there is no executor mentioned in the Will, the candidates can hire one by themselves or plead in court for the appointment of an executor.

Guidelines to be followed

A few necessary guidelines are to be followed while brooding over how to write a will in India. These are as follows:

  • The individual gifting the asset or property must be aware of the will online writing services and how to use them. They should be alert and have an understanding of how to write a will in India to give assets they wish to transfer.
  • A person who knows how to write a will in India can easily draw a will online or offline as per their wish. If any language is not covered in legal parameters, they must take consultation to fix errors properly.
  • The drafting of a Will is a complex process, and so one must consult a lawyer to get the Will drafted. 
  • The Will drawn by a person who knows how to write a will in India can be written by hand or printed/typed. It should mention every vital information relating to the property details, personal and family details, executors’ names (if any), power of attorney details (if any), bequeathed details, and witness requirements.
  • The Will should be drawn voluntarily by a person who is above 18 years of age and mentally sound. The Will should not be made under undue influence, force, fraud, or coercion. They are aware of how to write a will in India and are themselves deciding to draw it.
  • The presence of two witnesses is mandatory according to Indian law. They must be present while the testator signs the document, and then the witnesses will attest to it for confirmation. The legal Will is used by authorities to register and can be enforced in a court of law.
  • There are several risks of not having a will. Consult a lawyer to know the details. 

Conclusion

The blog discusses in detail how to write a Will in India. The process of making a will is a critical matter for any family, and it must be processed legally to make it valid and enforceable. The testator can consult a lawyer to make a will if they do not know the exact factors of how to write a will in India.

The points mentioned in a Will include many details, and they should be meticulously reviewed to ascertain the nature and intention. Consult a Lawyer for drafting a will.

Bhavya Choudhary

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Bhavya Choudhary

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