A Will is defined as a legal document which provides for the lawful division of an individual's money, property, or any other belongings after one has passed away.
✍️ Steps to be followed for making a Will legally valid
- Any person above 18 years can write a Will, they should be of sound mind.
- It should be written on plain paper (there is no stamp paper required for the Will).
- Simple language should be used to mention clearly who is to get what (with full names and relation).
- The date must be mentioned and is to be titled as "Last Will and Testament".
- An Executor should be appointed (one whom you trust) to execute the directions mentioned in the Will.
- The testator signs the Will in front of two witnesses (who must see him sign it).
- The witnesses shall also sign it (however, they must not be beneficiaries).
- The Will can be kept safely or duly registered with the office of the sub-registrar (Voluntary but a safer option).
✅ Making a Legally Valid Will in India Through an Advocate
🧑⚖️ Step-by-Step Process:
- Pick a seasoned advocate.
An attorney who works with property, family, or succession-related matters. - Discuss in detail:
Your – Full name, age, and address.
Details on all of your assets: properties, bank accounts, gold, etc.
Names of the all individuals to whom you want to bestow your properties (beneficiaries)
Details on your loans, debts, or money that is due definitively.
Executor's name (the one who would conduct the Will). - Advocate drafts the Will
The attorney will prepare your Will in adequate and unambiguous legal language as instructed by you. - Review the Will Draft
Ensure names, amounts, and wishes are explicit. - Sign the Will with the presence of two witnesses
You (the testator) will sign in the presence of a couple of witnesses with help from the advocate as necessary. - (Optional) The Will can be registered
Extra legal security can be procured by getting the Will registered at the Office of the Sub-Registrar with the assistance of the lawyer. - Ensure the Will is stored safely
Keep one copy at home, one copy with the advocate, and store one copy in a bank locker
✅ Advantages of Having an Advocate Make the Will:
- Mistakes or legal problems are prevented
- In layman's terms, will be written by an attorney
- Where assets are particularly complicated (multiple properties, NRI accounts, etc.)
- Uses full compliance with law
- Helps to avoid family disputes later
20 FAQs on Making a Legally Valid Will
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1. Is a lawyer necessary to make a Will?
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No, you can write your own Will. A lawyer especially gives additional clarity and strength to the Will, if there are complicated properties or family situations.
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2. Is a handwritten Will accepted in India?
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Yes, a handwritten Will is valid if it is signed by you and two witnesses. Typed Wills, however, have greater clarity and a lower chance of being contested.
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3. What should I include in my Will?
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List the property, cash, bank accounts, ornaments, digital assets, and names of people to whom you want to gift them.
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4. Should I register my Will?
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No, registration is not mandatory, but it provides additional legal safety and prevents future conflicts.
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5. Is a Will written on plain paper?
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Yes. No need for stamp paper. It can be written on any plain sheet.
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6. Who can be my witness?
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Any two adults who are not receiving anything under the Will. Do not select beneficiaries as witnesses.
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7. What measures can be taken to make sure that my Will is not misused or challenged?
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The Will has to be made clearly and signed in the presence of two witnesses (optionally registered or prepared by a lawyer).
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8. Can I make changes to or revoke my Will later?
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Yes. You can modify or invalidate a Will at any stage while you are alive.
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9. What is an Executor in a Will?
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Executor is a person whom you can trust and name in the Will to execute your wish after your death.
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10. Generally, how much should I pay for a Will through an advocate?
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Usually ₹3,000–₹15,000 depending on the city and lawyer to work on it.
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11. What will happen to my property if I die without making a Will?
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Your property will be distributed according to personal succession laws, which may not be as per your wish.
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12. Can I include someone outside my family in my Will?
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Yes. You can leave your assets to anyone – a friend, a servant, or charity; it's your choice.
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13. Will I be able to make a Will without telling any of my family members?
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Yes. It's secret. You may decide to inform them if you wish to.
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14. Can I make a joint Will with my spouse?
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Yes, but that is not advised. Individual Wills are better and clearer in legal terms.
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15. Is notarising the Will required?
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No, just sign in front of two witnesses. Notarisation is not mandatory.
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16. Where should I keep my Will?
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In a safe place at your home or with someone you can trust; your lawyer can also have a copy, or you could place it in a bank locker.
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17. In which language can I make a Will?
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Of course, it should be in any language that you know well, so there is no confusion!
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18. Should I get a certificate from a doctor if I am quite old or sick?
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Yes, it’s a good idea. It shows that you were of sound mind while making the Will.
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19. Can a Will mention digital assets like UPI, emails, crypto, etc.?
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Yes. Just mention the platforms, account names, and what you want done with them.
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20. Assume someone still goes to the court to contest my Will. What happens now?
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If your Will was signed properly and clearly and created while you were mentally fit, then the court will honour it, exceptionally so if it's done with the aid of a lawyer.
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