Will format in India
A will is a legal declaration of how a person wants their property distributed after death. Under Section 63 of the Indian Succession Act, 1925, it must be signed by the testator and attested by at least two witnesses who saw the testator sign. Registration is optional, and probate is compulsory only in limited cases.
Key points
- Execution: Section 63, Indian Succession Act, 1925 — signature of the testator and two attesting witnesses.
- Registration of a will is optional (Section 18, Registration Act, 1908).
- A will can be changed by a codicil or revoked by a later will.
- Probate is compulsory only for wills covered by Sections 57 and 213 (broadly, wills made in or relating to immovable property in the former presidency towns).
The law: old and new provisions
| Subject | Law now | Before 1 July 2024 |
|---|---|---|
| Execution of wills | Section 63 Indian Succession Act, 1925 | — |
Which court or authority
Kept privately or registered with the Sub-Registrar; probate or letters of administration from the District Court or High Court.
What the document should contain
- Declaration of sound mind and free will
- Revocation of earlier wills
- Appointment of executor
- List of assets and beneficiaries
- Residuary clause
- Signature of the testator and two witnesses
Documents to attach
- Identity proof of testator and witnesses
- Asset details
- Optional: medical certificate of sound mind (useful for elderly testators)
Procedure
- Draft the will clearly
- Sign before two witnesses who sign in the testator’s presence
- Optionally register it at the Sub-Registrar
Common mistakes
- Witness who is also a beneficiary
- Ambiguous description of property or beneficiaries
- No residuary clause
Frequently asked questions
Is it necessary to register a will in India?
No. Registration is optional, though it helps prove the will.
Can a beneficiary be a witness to a will?
The will remains valid, but a bequest to an attesting witness (or their spouse) is void under Section 67 of the Indian Succession Act, so beneficiaries should not witness.