How to Prepare a Will in India (2025 Guide): Format, Process & Legal Validity - test ISR

What Is a Will? A Will is a legal document through which a person (called the testator) declares how their assets will be distributed after their death. In India, Wills are governed primarily by the Indian Succession Act, 1925 (except for certain per...

What Is a Will?

A Will is a legal document through which a person (called the testator) declares how their assets will be distributed after their death.

In India, Wills are governed primarily by the Indian Succession Act, 1925 (except for certain personal laws).

A properly drafted Will:

Avoids family disputes
Ensures smooth transfer of assets
Reduces court intervention
Protects legal heirs

Who Should Make a Will?

You should make a Will if you have:

Bank accounts, fixed deposits, shares, mutual funds
Real estate (house, land, plot)
Business interests or partnership stakes
Dependents (spouse, children, parents)

📌 Age is irrelevant — even a 25-year-old salaried person should have a Will if assets exist.

Legal Requirements of a Valid Will in India

For a Will to be legally valid in India, it must meet the following conditions:

Requirement	Details
Age	Testator must be 18+
Sound mind	Must be mentally fit
Written form	Oral wills are generally not valid
Voluntary	No coercion or pressure
Signature	Signed by testator
Witnesses	Minimum 2 witnesses

📌 Stamp paper is NOT mandatory for making a Will.

Step-by-Step Process to Prepare a Will in India

Step 1: List All Your Assets

Prepare a clear list of:

Bank accounts & FDs
Shares, mutual funds, insurance
Property details (address, registration details)
Business interests

Step 2: Identify Beneficiaries

Clearly mention:

Full name
Relationship
Percentage or specific asset allocation

📌 Avoid vague terms like “family” or “children”.

Step 3: Choose an Executor

An Executor is the person responsible for implementing the Will.

Best choices:

Trusted family member
Close friend
Professional (CA / lawyer)

Step 4: Draft the Will (Proper Format)

A standard Will should include:

Declaration (this is my last Will)
Personal details of testator
Revocation of previous Wills
Asset-wise distribution
Executor details
Witness declaration

Sample Will Format (Simplified)

I, [Full Name], aged [Age], residing at [Address], declare this to be my last Will.

I am of sound mind and making this Will voluntarily.

I revoke all previous Wills.

I bequeath my assets as follows:

- Flat at [Address] to my wife [Name]

- Bank account with [Bank Name] to my son [Name]

I appoint [Executor Name] as the executor of this Will.

Signed on [Date] at [Place].

Signature of Testator

Witness 1

Witness 2

📌 This is only a sample — professional drafting is recommended for complex estates.

Is Registration of Will Mandatory in India?

No. Registration of a Will is NOT mandatory.

However, registered Wills carry stronger legal weight.

Registered Will	Unregistered Will
Higher authenticity	Legally valid
Reduced disputes	Higher challenge risk
Stored safely	Risk of loss

📌 Registration can be done at the Sub-Registrar office under the Registration Act.

Do You Need Stamp Duty for a Will?

❌ No stamp duty is payable on a Will in India.

This makes a Will one of the cheapest and most effective legal documents.

Common Mistakes to Avoid While Making a Will

❌ Not appointing an executor
❌ Ambiguous asset descriptions
❌ Ignoring future assets
❌ Not updating Will after marriage/divorce
❌ Choosing interested witnesses
❌ Depending only on nominations

📌 Nomination ≠ Ownership (important for estate disputes)

Will vs Nomination (Very Important)

Aspect	Will	Nomination
Legal ownership	Yes	No
Overrides	Nomination	Cannot override Will
Court recognition	High	Limited

Tax Implications of Making a Will

No tax on making a Will
No inheritance tax in India
Capital gains tax applies only when heirs sell assets

🔗 Capital gains guide: https://wondertax.in/blog/capital-gains-tax-explained

FAQs on Making a Will in India

Can I write a Will myself?

Yes, but professional drafting is recommended.

Can I change my Will later?

Yes, anytime during your lifetime.

Is notarisation mandatory?

No, but it adds evidentiary value.

Can NRIs make a Will in India?

Yes, for assets located in India.

How WonderTax Helps in Will & Estate Planning

✔ Will drafting & review
✔ Executor & estate structuring advice
✔ Tax planning for heirs
✔ Capital gains planning on inherited assets
✔ End-to-end compliance support

🔗 https://wondertax.in/services/estate-tax-planning

Final Thoughts

A Will is not about wealth — it’s about clarity, peace, and protection for your family. Delaying it can create years of litigation and emotional stress for your loved ones.

📌 Best time to make a Will? Today.