Will: Meaning, Rules, and FAQs

A Will is a legal document by which a person (called the Testator) declares how their property should be distributed after their death. The Indian Succession Act, 1925 governs the Will except in the case of Muslims, which is governed by their Personal law (Shariat).

What is a Will?

A Will is a declaration where a person ensures that his/her property, money, and belongings go to the person or institutions they choose, instead of being divided by general succession laws. This only comes into effect after the death of the person making it.

Why make a Will?

• To avoid disputes among heirs
• To decide who inherits property and in what share
• To provide for dependants (minor children, spouse, elderly parents)
• To appoint a guardian for minors
• To donate to charities or religious purposes
• To give clarity and peace of mind

What can a Will include?

• Immovable Property: e.g. House, land, flat
• Movable Property: e.g. Jewellery, vehicles, furniture
• Money Assets: e.g. Bank deposits, shares, insurance, PF, PPF
• Business interests: e.g. Partnership shares, company stocks
• Digital assets: e.g. demat accounts, online investments

What cannot be included in a Will?

• Property not owned by the Testator
• Joint family property without consent
• More than one-third of property in Muslim law (unless heirs consent)

Registration Fees (State-wise)

• Delhi – ₹600
• Maharashtra – ₹100
• Odisha – ₹300 (Open Will)
• Telangana – ₹500

Note: No stamp duty in any state.

Mistakes to Avoid While Making a Will

• No witnesses or improper attestation
• Vague terms like "to my family"
• Forgetting to appoint a guardian for minors
• Not naming an executor
• Not updating after marriage, divorce, or a new property purchase
• Keeping the Will hidden where no one finds it

Step by Step Checklist to Make a Will

1. Prepare
   • Be 18+ and of sound mind
   • List all assets (house, land, bank accounts, jewellery, digital assets)
   • Decide beneficiaries and their exact shares
2. Draft
   • Write on plain paper (typed or handwritten)
   • Mention full name, age, and address
   • Clear details of each property
   • Who gets what
   • Appointment of executor
   • Guardian for minor children
   • Sign at the end and on every page
3. Witness
   • Get at least two witnesses to sign in your presence
   • Witnesses should not be beneficiaries
4. Store Safely
   • Keep the Will in a secure place
   • Inform the executor where it is stored
   • Optionally, deposit at Sub-Registrar's office
5. Registration (Optional but Safer)
   • Visit the local Sub-Registrar office
   • Carry the original Will, ID proofs, and two witnesses
   • Pay nominal fee (₹100–₹600 depending on the state)
   • Registrar keeps a copy; the original is returned
6. Update When Needed
   • Update after marriage, divorce, childbirth, or property changes
   • Cancel old versions to avoid confusion

FAQs on Will

1. What is the minimum age to make a Will in India?

18 years, and the person should be of sound mind.

2. Can a Will be made on plain paper?

Yes. No stamp paper is required.

3. Is registration of a Will compulsory?

No. It is optional but recommended.

4. Can a Will be changed later?

Yes. A Will can be changed or cancelled before the death of the Testator.

5. Are witnesses required for a valid Will?

Yes, at least two.

6. Can a beneficiary be a witness?

No. Witnesses should not be beneficiaries.

7. Does a Will need notarisation?

No. Witness signatures are enough.

8. Who can be appointed as executor?

Any trustworthy person, including a relative or lawyer.

9. What happens if there is no Will?

Property is divided as per succession laws (Hindu Succession Act, Muslim law, or Indian Succession Act).

10. How much of the properties can Muslims write in Will?

Only up to one-third without heirs' consent.

11. Can digital assets like demat accounts be included in a Will?

Yes, they should be specifically mentioned.

12. What if the Will is handwritten?

Handwritten Wills are valid if signed and witnessed.

13. Is a typed Will better than a handwritten one?

Typed Wills are clearer, but both are valid if properly executed.

14. What if the Will is lost?

The latest valid copy (if registered or with witnesses) will be considered.

15. Can a Will be registered after the death of the testator?

No. It must be registered during the lifetime of the person making it.

16. How much does registration cost?

₹100–₹600 depending on the state.

17. Can a Will be made orally?

No, except for "privileged Wills" by soldiers in active service.

18. Who keeps the original Will?

The testator may keep it safe, give it to the executor, or deposit it with the Registrar.

19. Can a Will be challenged in court?

Yes, on grounds like fraud, coercion, forgery, or unsound mind.

20. Can charities or temples be beneficiaries in a Will?

Yes. Institutions can also be named as beneficiaries.