Estate Planning/Succession Planning>
Frequently Asked Questions on Wills in India
Execution, attestation, probate and the practical questions that arise in testamentary succession
- What is a Will?
A Will is a legal declaration of the intention of the testator (the person making the Will) with respect to his or her property, intended to take effect after the death of the testator, as per the Indian Succession Act, 1925. - Which law governs Wills in India?
The Indian Succession Act, 1925 is applicable to Wills made by Hindus, Jains, Sikhs, Buddhists, Parsis and Christians, except Muslims, whose Wills are governed by Muslim personal law. - Who can make a Will?
Any individual who is a major and of sound mind is competent to make a Will (Testator). - Who is a beneficiary under a Will?
A beneficiary is a person or entity named in a Will to receive the whole or any part of the testator’s estate upon the testator’s death. - What are the essentials of a validly executed Will?
The Will must be made by the testator voluntarily and with free consent, and signed or the mark affixed in the presence of at least two witnesses, each of whom should have seen the testator sign or affix the mark on the Will. Each of the witnesses shall sign the Will in the presence of the testator. - What happens to the assets if a person dies without a Will (intestate)?
- Privileged Will. It is a Will made by any soldier being employed in an expedition or engaged in actual warfare, or any mariner being at sea.
- Unprivileged Will. It is a Will made by every testator, not being a soldier employed in an expedition or engaged in actual warfare, or an airman so employed or engaged, or a mariner at sea.
- Conditional Will. It is a legal declaration that becomes effective upon the occurrence of a specified event or condition.
- Concurrent Will. It refers to one of two or more Wills executed by the same testator, with each Will dealing with different assets or jurisdictions, so that they operate simultaneously without revoking each other.
- Mutual Will. These are Wills made by two or more persons in order to confer on each other reciprocal benefits.
- Joint Will. A Joint Will is a Will made by two or more testators, disposing of either their separate property or their joint property. A Joint Will takes effect upon the death of each testator as that testator’s own Will in respect of his or her property.
- Whether registration of a Will is mandatory?
As per the Indian Registration Act, 1908, registration of a Will is not mandatory. However, it is recommended to register a Will before the sub-registrar or registrar having jurisdiction, for strong proof of authenticity. - Whether registration of a Will is conclusive proof of its validity?
Registration of a Will is not conclusive proof of its validity. A registered Will may still need to be proved in accordance with law. - Whether a registered Will can be revoked by a subsequent unregistered Will?
A registered Will can be revoked by a subsequent unregistered Will. A testator can revise his or her Will according to his or her wishes as and when he or she desires. - Can a beneficiary under a Will also be the witness to the Will?
The Indian Succession Act, 1925 does not bar a beneficiary or legatee under a Will from being a witness. However, it is advisable not to have a beneficiary or legatee sign as a witness, as it may create a
ground for challenge on undue influence. - What are the different types of Wills?
The popular types of Wills include the following.
- Privileged Will. It is a Will made by any soldier being employed in an expedition or engaged in actual warfare, or any mariner being at sea.
- Unprivileged Will. It is a Will made by every testator, not being a soldier employed in an expedition or engaged in actual warfare, or an airman so employed or engaged, or a mariner at sea.
- Conditional Will. It is a legal declaration that becomes effective upon the occurrence of a specified event or condition.
- Concurrent Will. It refers to one of two or more Wills executed by the same testator, with each Will dealing with different assets or jurisdictions, so that they operate simultaneously without revoking each other.
- Mutual Will. These are Wills made by two or more persons in order to confer on each other reciprocal benefits.
- Joint Will. A Joint Will is a Will made by two or more testators, disposing of either their separate property or their joint property. A Joint Will takes effect upon the death of each testator as that testator’s own Will in respect of his or her property.
- Can Wills be made orally?
Except for Privileged Wills, all Wills are required to be in writing and signed by the testator (or bear the testator’s mark) in the presence of at least two attesting witnesses. However, an oral Privileged Will
ceases to have effect if the testator survives for more than one month after making it. - Can a Mutual Will be revoked?
A Mutual Will can be revoked by the testators while both of them are alive. However, once one of the testators dies, the Mutual Will becomes irrevocable, and the surviving testator is bound by its terms. - What happens if the condition in a Conditional Will is not met, or becomes impossible to perform, or is illegal or immoral?
If the condition is not met, or it becomes impossible to perform, or is illegal or immoral, the Conditional Will is void. - Can a Will dispose of all types of property?
A Will can dispose of all self-acquired movable and immovable property. A Hindu testator can also bequeath his undivided interest in coparcenary property through a Will. - Should a Will have an Executor?
A Will does not mandatorily need to appoint an Executor. However, a probate will only be granted to an Executor. In the absence of an Executor, courts grant Letters of Administration to the beneficiaries
or legatees. - Is probate of a Will mandatory?
Probate is not mandatory. The Repealing and Amending Act, 2025 omitted Section 213 of the Indian Succession Act, 1925, which required Hindus, Buddhists, Sikhs and Jains to obtain probate
under a Will executed within, or relating to immovable property in, the erstwhile Presidency towns (Kolkata, Madras and Bombay). - Would a Will made and executed in India, bequeathing assets located outside India, be sufficient for beneficiaries to claim title in jurisdictions outside India?
As succession and probate laws differ from country to country, it is generally advisable to execute a separate Will for assets situated outside India and to obtain legal advice in the relevant jurisdiction. - In case of multi-jurisdictional assets of the testator, should the Indian Will allude to another Will made in the jurisdiction where the other assets are located?
Yes. If a separate Will has been executed for assets in another jurisdiction, the Indian Will should clearly state that it is limited to Indian assets (or specified assets) and does not revoke the foreign Will.
This publication is intended for general information only and does not constitute legal advice. The position stated is as at July 2026. Readers should seek specific advice before acting on any matter discussed.
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