How to make a Will. Full Guide

A Will is a legal document where a person (testator) states how their property, money, and belongings will be distributed after death. Making a Will avoids family disputes and ensures your wishes are respected.

Steps to Make a Legally Valid Will

• Eligibility – Any person above 18 years, of sound mind, can make a Will.
• Plain Paper – No stamp paper needed. Write on plain paper.
• Clear Language – Mention full names of beneficiaries and assets.
• Title – Use "Last Will and Testament" at the top.
• Executor – Appoint someone you trust to execute the Will.
• Witnesses – Sign in front of two witnesses (not beneficiaries). They must also sign.
• Date & Signature – Must include date and testator's signature.
• Storage – Keep safe. Optionally register at the Sub-Registrar's Office (not compulsory, but safer).

Documents Required

• Aadhaar / PAN card of testator.
• Details of movable and immovable assets.
• Beneficiaries' names, ID proof (if available).
• Two adult witnesses' ID proof.
• Doctor's certificate (recommended if elderly/sick, to confirm sound mind).

Where to Make a Will

• At Home – Write on plain paper, sign with witnesses.
• Through a Lawyer – Recommended for complex assets, NRI properties, or disputes.
• Registrar's Office – Optional registration for extra legal security.

Can a Will Be Made Online?

Yes. Drafting can be done online with templates or lawyers' help, but signing must be done physically with two witnesses. Registration still requires visiting the Sub-Registrar's Office.

Time Taken

• Simple Will at home – Same day.
• Lawyer-drafted Will – 3–7 days.
• Registration – 1–2 working days at the Registrar's Office.

State-wise Registration of Wills in India

 Note: Fees vary by state; registration is optional everywhere.

Advantages of Having a Registered Will

• Prevents disputes.
• Adds authenticity.
• Harder to challenge in court.
• Ensures smooth execution of assets.

20 FAQs on Making a Legal Will

1. Is a lawyer necessary to make a Will?

No. You can write it yourself. Lawyer is helpful for complex cases.

2. Is a handwritten Will valid?

Yes. Signed with two witnesses, it is valid.

3. Do I need stamp paper?

No. Plain paper is enough.

4. Who can be witnesses?

Any two adults not receiving anything under the Will.

5. Should I register my Will?

Not mandatory. But registration makes it harder to challenge.

6. Can I include bank accounts and digital assets?

Yes. Mention accounts, UPI IDs, crypto, etc.

7. What is an Executor?

A trusted person who ensures your Will is carried out.

8. Can I leave assets to a friend or charity?

Yes. You can give to anyone you like.

9. Can I change my Will later?

Yes. You can modify or revoke anytime.

10. What if I die without a Will?

Property is divided as per succession laws, not your choice.

11. Is notarisation required?

No. Just two witnesses' signatures are enough.

12. Should I inform my family about my Will?

Not required. You may keep it secret if you wish.

13. Can I make a joint Will with my spouse?

Yes, but individual Wills are better legally.

14. Should elderly or sick people get a medical certificate?

Yes. It avoids future challenges.

15. Where should I keep my Will?

At home, with lawyer, or in a bank locker.

16. Can NRIs make a Will in India?

Yes, if they have property in India.

17. How much does a lawyer charge?

₹3,000–₹15,000, depending on complexity.

18. Can I cancel my Will anytime?

Yes, as long as you are alive and mentally fit.

19. Can a Will include property under dispute?

Yes, but execution depends on outcome of the dispute.

20. What if someone challenges my Will in court?

If it's signed, witnessed, and registered, the court usually upholds it.