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Will Drafting in India

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    In India, the execution of Wills is primarily governed by the Indian Succession Act, 1925 (“Act”) and the conditions which are deemed necessary for the purpose of executing the Wills in India are stipulated under the Act. A well-drafted will signifies the intention of the person who is willing to distribute his/her wealth and/or transfer its assets to someone else after their death and the person who writes a will is a testator.

    Further, there are varied types of wills, and it is important to make a will legally binding to safeguard against disputes. Legalizing a will adds a layer of authenticity, reducing the likelihood of challenges and making it harder for the parties to question its validity. It further ensures that the testator’s wishes are honored, minimizing family conflicts. A registered will not only upholds the testator’s intentions but also offers a clear resolution to potential conflicts between the testator and their heirs.

    In India, to ensure a proper distribution/transfer of assets, drafting a legally sound will is crucial. While it is to be noted that the essential requirements of a valid will in India include the sound mental capacity of a testator and the presence of two witnesses. The will must be in writing, signed by the testator, or someone at their direction along with the signatures of witnesses in each other’s presence, and it should be free from coercion. Connect us on other platforms.

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    Advantages of Will Drafting in India

    There are various advantages of drafting a will as the same guarantees the testator’s desires to be followed after death.

    Assignment of Assets
    By way of a will, your assets will be distributed/transferred among your beneficiaries which also include monetary assets, personal belongings, real estate etc.

    Guardianship of Minors
    In order to guarantee your children’s welfare and upbringing as per your wishes, you can make a will naming an individual or a couple to take care of your children in the event of your death.

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    Reducing Family Conflicts
    When the testator’s preferences and intentions are clear through a well-written will, it reduces the likelihood of conflicts amongst the family members.

    Selecting an Executor
    To make sure that your desires have been correctly followed as per your will, you can designate an executor in a will, who will be in charge of overseeing your assets. This individual is essential to the administration of your estate because they deal with managing legal concerns, paying off debts, and distributing assets.

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    Why Choose Us for Will Writing Services?

    At NRI Legal Services, we excel in crafting and implementing comprehensive legal strategies and provide assistance to clients at every stage of will drafting phase.

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    Pan India Presence

    Our head office is in Chandigarh with pan India presence, as we have our branch offices covering 200+ Indian cities.

    Transparency and Confidentiality

    Transparency and confidentiality are our cornerstones. We ensure data security and client privacy, with clear pricing and no hidden fees.

    Team of Professionals

    Our team regularly and proactively provides will drafting services in India to its various customers.

    Streamlined Process

    We formulate effective strategies while drafting a will which requires no amendments in the future and our team of experts are available for online and offline meetings as and when such assistance is required. Connect with us via our website to initiate and fast-track your will drafting and registration process.

    What are the different types of will and what are the laws governing a will in India?

    In India, there are several types of wills that individuals can create based on their specific needs and circumstances. Some common types of wills include:

    Conditional Will

    01

    TWhen the execution of a will depends on a specific condition being met, such …

    Joint Will

    02

    A will which is created by two or more individuals, typically spouses, to address…

    Testamentary Will

    03

    This is the common will wherein the testator outlines their wishes regarding…

    Mutual Will

    04

    It is an agreement where two individuals make separate wills but mutually agree…

    Holographic Will

    05

    A handwritten and entirely self-composed will, though not recognized…

    Privileged Will

    06

    This will is created by members of the armed forces during active duty, …

    Unprivileged Will

    07

    A Will which is created by civilians and non-military individuals…

    Oral Will

    08

    A will spoken by the testator before witnesses. However, oral wills are generally …

    The Indian Succession Act, 1925 regulates the sorts of wills in India, as well as the laws and regulations that apply to cases of intestacy. It also addresses cases of intestacy. The succession of a person’s moveable property shall be governed by the laws of the person’s country of domicile. For ease of reference, Section 63 of the Indian Succession Act, 1925 outlines the requirements for a valid will in India.

    Conditions to be fulfilled to make a will

    Essential requirements and conditions to be fulfilled while making a valid will in India include the following:

    Compiling a list

    The testator must create a list of all their assets, including property, savings accounts, term deposits, and mutual funds.

    Clarity of thoughts

    The will must specify in writing who will receive which assets, including a custodian for minors.

    Requirements

    A clear expression of the testator’s wishes, sound mental capacity, and the presence of two witnesses. The document must be in writing, signed by the testator, or someone in their direction. Additionally, the testator and witnesses must sign in each other’s presence, and the will should be free from coercion.

    Amendments

    Any amendments to the will must be countersigned by the testator and the witnesses.

    FAQs Related to Will Writing

    Explore our curated selection of frequently asked questions  (FAQs) and gain clarity on Will Writing
    Service in India.

    Drafting a will include creating a comprehensive list of your assets and personal property and identifying your beneficiaries. Also, the testator must be of sound mind and at least the legal age of majority to make a valid will. The document must clearly state your intention for it to be your will and must be written. By taking the time to complete these steps, you ensure that each asset is clearly identified and appropriately distributed among extended family according to your wishes.

    While drafting a will and to make the will valid in India, you need to ensure that the will is written with the consent and free will of the testator; the Will should be signed by two witnesses who have seen the testator writing the Will, and the Will should be registered.

    You can make a Will any time after you attain the age of 18 (Eighteen) years. However, the actual time for will writing services is completely dependent on the amount of details shared by the testator. In any case, our will drafting lawyers can draft the will within 7-10 days upon receipt of the complete details and documents to be involved in the will.