Frequently Asked Questions

A Will is a declaratory instrument that an individual creates during his/her lifetime to provide for the manner of distribution of his/her assets and properties after their demise.

A codicil is an instrument made concerning a will. It explains, alters, or adds to its dispositions, and is deemed a part of the will.

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A testator is a male who makes his will. A female who makes her will is known as a testatrix. For example: 1. Mr. A owns two bungalows. He makes a will bequeathing each of the two bungalows to his son and daughter respectively after his death. Here, Mr. A is a testator. 2. Mrs. P owns a diamond necklace and a valuable painting. She makes a will and gives her diamond necklace and the valuable painting to her daughter and son respectively after her death. Here, Mrs. P is a testatrix.

An executor is a person nominated by the testator in the will whose duty is to ensure that the intention of the testator set out in the will is carried out after his death and that the beneficiaries stated therein receive the properties in accordance with the will.

A will ensures that the disposition of assets/properties takes place in accordance with the directions and instructions of the testator after his demise. Having a will saves the day by avoiding unnecessary confusion and disputes that may arise after the demise of a person concerning his assets or properties. A will serves as an instrument in the hands of the maker to expressly set forth his/her wishes regarding the distribution of his/her properties after their death. A well-thought will ensures that the dependents are taken care of even after the death of the testator and the heirs/beneficiaries receive the assets/properties allocated in the will as per the wishes of the testator.

In the absence of a will, the assets/properties of the deceased shall be disposed of in accordance with the personal laws to which he/she was subject while he/she was alive. For example: If the person was a Hindu, his/her assets/properties will be disposed of as per the provisions of the Hindu Succession Act, 1956, in the absence of a will.

As per Section 59 of the Indian Succession Act, 1925, a will may be made by any person who has attained the age of 18 years and is mentally sound.

According to Section 59 of the Indian Succession Act, 1925, a will cannot be made by a person who is: a minor; of unsound mind; or in such a state of mind, whether arising from intoxication or illness or any other cause, that he does not know what he is doing.

No, minors are expressly barred from making a will. A will made by a minor is invalid.

In accordance with Explanation 3 of Section 59 of the Indian Succession Act, 1925, a person of unsound mind is incapable of making a valid will. However, a will made during the interval in which he is of sound mind is valid in law.

The instruments listed in Section 18 of the Registration Act, 1908 are those for which registration is optional. "Will" is listed as an instrument in Clause (e) of Section 18, the registration of which is therefore optional. Hence, registration of a will is not mandatory to make it valid.

A will may be presented at the Office of the Sub-Registrar for its registration. Along with the testator/testatrix, two witnesses need to be present at the time of such registration.

As per Section 62 of the Indian Succession Act, 1925, a will is liable to be revoked or altered by the maker of it at any time when he is competent to dispose of his property by will. The will becomes operative only after the death of the testator. It, therefore, does not create any right in favour of any person till the demise of the testator. Hence, it is perfectly open to the testator to discard the will executed by him completely and write an entirely new will and/or amend the will in respect of certain portions of the dispositions made in the original will. As a result, even after registration of the will, the right of the testator to amend the will and/or revoke the will is not affected in any manner. In other words, even after registration of the will, the testator can amend and/or revoke the will.

Yes, a will once made may be altered any number of times at the discretion of the testator/testatrix.

Section 62 of the Indian Succession Act, 1925 states that a will is liable to be revoked or altered by the maker of it at any time when he is competent to dispose of his property by will. Therefore, a will may be revoked (cancelled) by the testator at any time during his lifetime.

If a will is made but it lacks proper execution then such a will shall be considered to be invalid i.e., the person would be deemed to have died intestate which means without a will. Therefore, it is advisable to have a will made and executed under the guidance and supervision of an expert.

No, stamp duty is not payable on the making of a will. However, registration charges need to be paid if you choose to register your will at the Office of the Sub-Registrar.