Will / Testament FAQ

What does a Will/Testament mean?

Will is a legal declaration of the Testator’s wish as to how and in whose favour, the properties owned by him shall devolve, after his death.

What are the requirements for a Will/Testament to be valid?

As per Section 63 of the Indian Succession Act, 1925, below are the foremost requirements for a Will/Testament to be valid:

1. A Will is required to be signed by the Testator. In case he cannot sign, he is required to put his thumb impression on the Will. In case the Testator is unable to do either, any other person under the direction and in the presence of Testator, may sign the Will on Testator’s behalf.
2. A Will is required to be attested by minimum 02 or more persons as witness. The Will should bear the name, age, address and signatures of the witnesses.

In addition to the above, the following requirements are also important:

1. The properties to be bequeathed should be described sufficiently, in such manner that the properties can be easily identified.
2. It should be clearly mentioned who shall execute the Will.
3. A Doctor’s Certificate should be attached to the Will, stating the Testator was in good physical and mental condition during execution of the said Will. The said Certificate may be incorporated in the Will itself as if it is the part of the Will.
4. While revoking the earlier Will and making a new Will, such recitals should be prominently incorporated in the new Will.

Can you just write a Will/Testament and get it notarized?

Yes. You can write your Will/Testament and get Notarized on your own as long as your Will/Testament meets all legal requirements. However, its advisable to connect to any local Attorney/Advocate for assistance.

Can an executor witness a Will/Testament?

Yes. The executor of the Will/Testament can be a witness of the same Will/Testament unless he is the beneficiary/legatee in the said Will/Testament. It is to be understood that a Beneficiary of a Will/Testament cannot be a witness to the said Will/Testament.

Can I make a Will/Testament without a lawyer?

Yes. You can make your Will/Testament and get it Registered or Notarized on your own as long as your Will/Testament meets all legal requirements. However, its advisable to connect to any local Attorney/Advocate for assistance.

In the current scenario, it is essential to make which is free from defects. In case there are lacuna in the procedure and form of your Will/Testament, it is susceptible to be challenged in the Courts of Law, by whomsoever aggrieved by your Will/Testament. The Will/Testament may be challenged on various grounds such as fabricated signature, mental condition of the Testator (Will/Testament maker), etc. among the others.

Is a handwritten Will/Testament legal?

Yes. A handwritten Will/Testament is valid and legal unless and until it suffices the requisitions provided in section 63 of the Indian Succession Act, 1925.

What makes a Will/Testament invalid?

A Will/Testament which does not fulfill the requisitions provided in the Indian Succession Act, 1925 and a Will/Testament which has been prepared under undue influence is invalid.

Can a beneficiary witness a Will/Testament?

A beneficiary of a Will/Testament cannot be a witness to the said Will/Testament. In that case, his benefits will be considered as void.

What are the grounds for contesting a Will/Testament?

There are four grounds for contesting a Will/Testament: (a) The Will/Testament wasn’t signed with the proper legal formalities; (b) The decedent lacked the mental capacity to make a Will/Testament; (c) The decedent was unduly influenced into making a Will/Testament, and (d) The Will/Testament was procured by fraud.