What is WILL?

A will is a legal document by which a person, the maker expresses his/her wishes as to how his/her property is to be distributed at the time of death, and it names one or more persons, the executor, to manage the estate until its final distribution.

In India, the legal provision related to the will can be found in the Indian Succession Act, 1925, and other personal laws. The Indian Succession Act, 1925 defines the will as “a legal declaration of the intention of a person with respect to his property, which he desires to take effect after his death.”

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Contents of a Will?

Though there is no specific format or manner in which the will must be written. However, an effective will contains the following elements.

  1. Details of Maker: Details such as name, age, address, etc. to identify the maker.
  2. Legal declaration: The declarations made by the maker in the will must be legal.
  3. Intention: The will must clearly reflect the future intentions of the maker, i.e. how he wishes his property to be distributed amongst the beneficiaries.
  4. Beneficiary details: The details such as name, age, address etc. to identify the beneficiaries.
  5.  Execution after death: The will must capture the intention of the maker that he wants the will to be executed after his death.
  6. Minors: In case, the maker wants to bestow any property upon a minor, he must also appoint a guardian who will take care of minor’s property after the death of the minor.
  7. Executor: The maker should also appoint an executor of his will who will execute the will after the death of the maker.

Laws governing Will in India

The different laws which govern various aspects of Will in India are as follows:

  • Indian Succession Act, 1925
  • Hindu Succession Act, 1956
  • Hindu Undivided Family and Hindu Partition Act of Property, 1892
  • The Muslim Personal Law (Shariat) Application Act, 1937
  • Transfer of Property Act, 1882
  • Stamp Duty Act (State specific)
  • Registration Act, 1908

Why LegalKart


  • Senior Expert Lawyers: We will get your document drafted/reviewed by Senior Expert lawyers, skilled in Succession Laws. You can track the progress of your document on our platform at all times.
  • 4.5 Customer Score: Clients are delighted with our service! They have consistently rated us high because of our focus on delivering quality output and providing regular updates.
  • Responsible Delivery: Our team of experienced business advisors are just a phone call away. Our team will ensure that your interaction with the expert lawyer is smooth and seamless and the document draft is delivered to you within the committed timeline.

Key Deliverables

  • 45 Minutes of Talk-Time with the Lawyer for drafting/reviewing the Will document
  • First draft of the Will Document will be delivered to you within a maximum of 2 working days
  • Post-delivery of the first draft – 2 Iterations in the Document to incorporate your suggestions/changes. 
  • You can add registration service to get the WILL registered for its legal enforcibility. 

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Frequently asked questions

How can a Muslim distribute his property by making a Will?

The Muslims are governed by their personal laws, and not the Indian Succession Act, 1925. Therefore, the general rule under Muslim personal laws in India is that a Muslim may, by his will, dispose of only up to one-third of his property which is left after payment of funeral expenses and debts without the consent of his heirs.

Does a Will require to be registered?

No, its not mandatory to register a will. 

However, if it is registered with the sub-registrar under the Indian Registration Act, 1908, it reduces the chances of being challenged after the death of the maker.

Can maker be video recorded while making the Will?

Yes. It serves as an advantage as the video recording of the making of a will is admissible for evidence under the Evidence Act, 1872, and the same can be used to disprove allegations of will being fraudulent.

Can Will be cancelled?

Yes. Will can be cancelled, revoked and replaced throughout the lifetime of the maker.

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