Find answers to common questions about wills—what they are, why they matter, and how to create one. This FAQ list helps you understand the basics to protect your wishes and assets easily.
A Will is a crucial legal document made by a person (Testator), which contains instructions to ensure that his assets are distributed as per his wishes after his death. A Will comes into effect after a person’s demise.
Making a Will is advisable if you own assets or have possessions of value that you would want to pass down to your family, it helps ensure they are distributed as per your wish, and it can make the process easier for your loved ones. Having a will not only amounts to better estate planning but can also save your family from legal disputes after your passing.
No, an online will is not legally valid in India. Indian law requires a Will to be a physical document that is signed in the presence of at least two witnesses. However, online platforms can help you to draft a Will from the comfort of your home and then you can take a print and sign.
If you don’t write a Will, your property and money will be shared out according to a legal default after your death, rather than your own expressed wishes. Your legal heir needs to get a ‘Succession’ certificate or ‘Legal Heir’ certificate first to acquire your assets. Typically, it can take up to 8 months to get it from the court.
Your legal heirs might not be able to track all of your assets and they will remain unclaimed. Currently, there are over 4 lakh crores of wealth lying unclaimed in India across several asset classes as family members don’t know about investments in shares, mutual funds, FD’s and many more classifications.
Almost any kind of asset can be included, such as real estate, personal property, bank accounts, investments, digital assets, and more.
A beneficiary is someone named in a Will or a trust to receive assets. An heir is a person who is legally entitled to inherit some or all of the deceased's assets, usually based on a blood relationship or legal structures like marriage.
Yes, a will in India must be witnessed by at least two people who meet certain requirements:
Anyone can be appointed as an Executor, but ideally it is recommended that a spouse or beneficiary of the Will should be avoided to be appointed as an Executor.
Yes, as long as you are of sound mind and understand the implications of your decisions.
Wills and trusts are legal instruments that ensure your assets pass to heirs according to your wishes. The main difference between a Will and a Trust is that a Will takes effect after you die, while a Trust can take care of your assets while you’re still alive.
An executor is a person named in the Will responsible for ensuring that the instructions are carried out and managing the estate's distribution. Your Executor can be any trusted person like a family friend, Relative, lawyer, CA or any professional, who can be relied upon to execute your Will.
Though your Will is not a public document during your lifetime, it becomes public only after it goes through a process called probate, after your death. In probate, a Will is validated, the estate is inventoried, and the assets are distributed according to your wishes and then, your Will becomes a public record.
If you die without a Will (intestate), the state's succession laws dictate how your assets are distributed. This might not align with what you would have wanted. Court processes in the absence of a Will also result in lengthy delays before your loved ones receive their inheritances.
For example, you have invested in Mutual funds and after your death, your son wants to claim the mutual funds. In the absence of a Will your Son must have to obtain a Succession certificate from the Court which will take minimum 4-6 months and a fee around 1.5 lakhs.
It depends; you should have separate Wills for assets in different countries. But there should be only one Will for your Indian assets. For example, you have assets in Pune, Hyderabad and Noida. Your one Will covers all your assets located in multiple states of India.
While there's no specific age, it's generally recommended that one starts considering making a Will once they have assets, dependents, or significant liabilities. This could be in their 30s or later.
A Will remains valid indefinitely unless it's explicitly revoked, replaced by a newer Will, or declared invalid by a court.
You can challenge a Will if you suspect it's invalid or fraudulent. Grounds for challenging a will include: Lack of testamentary capacity, Improper execution of the Will, Genuineness of the testator's signature, and Genuineness of the witnesses' signature.
You can't simply challenge a Will because you disagree with it, were left out of it, or are hurt or angry about the Will's contents.
Keeping your Will in a secure place, possibly a safe or a bank's safety deposit box, and letting a trusted individual know its location can help. Notarization or Registration of a Will can also provide an extra layer of authentication.
A Joint Will is a legal document that outlines how a couple's assets will be distributed after their deaths. However, there are some potential drawbacks to consider:
We do not recommend creating joint Wills considering the above complications.
Wills in India require a physical signature for validity. Digital Wills are not recognized in India.
If heirs challenge the Will, it might undergo scrutiny in a court. Ensuring that your Will is clear, witnessed properly, and getting it registered can reduce the chances of successful challenges.
Yes, you can include digital assets in your Will. Digital assets can include:
Yes, you can include funeral instructions, though it's advisable to also inform close family members as Wills are often read after funeral arrangements are made.
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Yes, you can specify a guardian for your minor children in your Will. Remember, your spouse is the natural guardian of your minor child, so no need to appoint the spouse as a legal guardian in your Will. Legal guardian comes into picture in the absence of both parents, so make sure to choose a trusted person other than your spouse.
In India, for a Will to be valid, it needs to be signed by two witnesses. Without this, the Will might be challenged or deemed invalid.
No, it's not required to notarize a will in India to make it valid. However, its recommended because notarization can add authenticity to the document and make it harder to dispute.
Yes, you can always update your Will. In fact, it's advised to regularly review and amend it as needed, especially after major life events like birth, marriages, new sale purchase of the property etc.
If you discover an error, you should make a new Will, which will automatically revoke the old one, once the new Will is signed and witnessed. Make sure you destroy copies of the old one to prevent confusion.
Tax considerations might need a separate consultation. However, you can reach out to our team of experts to get more information.
Your Will remains valid. However, it's recommended to review and potentially update it to consider any new assets or regulations in your new country of residence and create a separate Will for assets outside India.
Yes. As per the prevailing FEMA regulations, an NRI can acquire any immovable property in India by way of inheritance from a person resident in India.
Yes, typically you can name anyone you trust as your executor, regardless of their location. However, it is advised to name a resident executor for Indian assets for a smoother transition.
Drafting a Will itself doesn't incur tax implications, but how assets are distributed might. NRIs should consult with Tax experts to get a better sense of tax implications based on their country of residence.
There may be different succession laws applicable to each country and it would be ideal to prepare separate Wills to avoid any conflicts. We recommend writing a separate Will for each country's assets.
NRIs need to fill details and mention their Indian assets. So, you do not need to visit India to write a Will. After getting a Will draft, it needs to be printed and signed. NRIs can sign the Will in their resident country as per the Signing instructions. At this point of time, A will become a valid document.
However, it is recommended to get a Will notarized or registered, so whenever you are planning to visit India, you can get your Will notarized or registered here.
NRIs need to provide identity proofs like their passport, OCI/PIO card, or any other relevant documentation to authenticate their identity.
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