Will is a legal declaration of the intention of a testator with respect to his property which he desires to take effect after his death. Will is a unilateral document and takes effect only after the death of the testator. Any movable or immovable property can be disposed of by a Will by its owner.

People believe that a Will should be written on a stamp paper. No, it is not required. A Will can be written on a plain white paper also. Writing a Will on a stamp paper does not invalidate the Will but at the same time it will not add any advantage to the testator. A Will written once may be modified, revoked or substituted by the testator at his desire. Any number of Wills may be written. If a testator writes many Wills in respect of the same property, then the last Will prevails over the previous ones. In case of any mistake in a Will the Court has no power to rectify the mistake. Therefore, a Will has to be written carefully in unambiguous terms.

Following are the points to be fulfilled to make a Will legally valid:

1. The person writing a Will should be competent to make it. He should have attained the age of majority. He should be of sound mind at the time of making the Will. A deaf, dumb or blind person can also make a Will provided he knows what he is doing by making that Will. A minor or a lunatic is not competent to make a Will.

2. The person writing a Will should be the absolute owner of the property in respect of which he is declaring his intentions to take effect after his death.

3. The testator should have made the Will with his free mind and not under any threat or force.

4. The Will shall be clear in terms without any ambiguity.

5. The Will shall be dated in order to avoid litigation if more than one will is created.

6. The testator shall put his signature or thumb mark and such signature or thumb mark shall be attested by at least two witnesses.

7. Registration of a Will in the office of the Registrar or Sub-Registrar is not compulsory. However, it is advisable to get the Will registered. Forceful modifications or unlawful corrections may be avoided if the Will is registered, as any modification, substitution or revocation for a registered Will also requires registration.

Will made by any Hindu, Buddhist, Sikh or Jain is governed by the provisions of Chapter VI of the Indian Succession Act, 1925. Chapter VI relates to provisions for construction of a Will in Testamentary Succession. Mohammedans can dispose of property by a Will in accordance with the Muslim Law. Procedure and requirements for making a Will by a Muslim will be explained in a separate blog later.

If a person dies without writing a Will then he is said to die ‘intestate’. Law of succession applies in such cases. Hindu Law, Indian Succession Act and Mohammedan Law – as applicable – are relevant for succession of property of a person who dies intestate.

This blog is written for the general knowledge of a common man. For specific issues in respect of individual cases it is advisable to consult an advocate dealing with the subject.