💡 A Will (or Testament) is a legal document that allows an Indian citizen to specify how their property and assets should be distributed after their death. Under the Indian Succession Act, 1925, any person above 18 years of sound mind can make a will. While registration is not mandatory, it is highly recommended as a registered will is difficult to contest. After death, the executor named in the will must obtain probate from the civil court to legally distribute the assets.
Registration: 1 day; probate (if contested): 6 months to several years
Court fees vary by state; registration: ₹100 - ₹500 depending on property value
Any person of sound mind who is 18 years or above and not disqualified under any law.
Any Indian citizen who owns property or significant assets and wants to ensure their distribution according to their wishes after death.
Draft the will with clear details of all assets, beneficiaries, and executor name. Specify any conditions or restrictions.
Sign the will in the presence of at least two witnesses who are not beneficiaries. Each witness must sign and affix their address.
Visit the local Sub-Registrar office. Submit the will, identity proofs of testator and witnesses. Pay ad valorem registration fee.
Keep the original will in a secure place (bank locker, with lawyer, or with a trusted person). Inform the executor where it is kept.
After death, the executor must apply to the civil court for probate — a certified copy of the will that authorises distribution.
To update or modify your will, you can either add a codicil for minor changes or create a new will revoking the old one. Both methods require the same formalities as creating a new will.
For minor changes, draft a codicil. For major changes (new family members, property purchases), draft an entirely new will.
Sign the new will or codicil in the presence of two witnesses.
Register the updated will or codicil with the Sub-Registrar.
Physically destroy or clearly mark all previous copies of the old will as revoked to avoid confusion.
Replace the old will in storage with the updated version and inform the executor of the change.
There is no government-issued will template for download. You can obtain a standard will format from a lawyer, legal platforms, or court offices. Ensure it complies with the Indian Succession Act, 1925.
Engage a property or succession lawyer to draft a will tailored to your assets and family situation.
Legal aid websites, court service centres, and government legal services authorities provide standard will templates.
Complete the template with your name, assets, beneficiaries, executor details, and any special conditions.
Sign before two witnesses and register at the Sub-Registrar office for added authenticity.
A will does not have a 'status' until the testator passes away. After death, the executor must apply to the civil court for probate to establish the will's validity.
The executor files a probate petition in the appropriate civil court with the original will and death certificate.
The court examines the will, hears objections (if any), and verifies its authenticity.
Once satisfied, the court grants probate — the legal authority to execute the will.
No, registration is not mandatory. However, a registered will is considered stronger evidence and is harder to challenge in court compared to an unregistered will.
Yes. You can revoke the will entirely or make a new one. You can also add a codicil (amendment) to modify specific clauses without making a new will.
Any person who is a beneficiary or not, of sound mind, and above 18 years can be an executor. It is common to appoint a trusted family member, friend, or lawyer.
The property is distributed among legal heirs as per the Indian Succession Act, 1925 (for Hindus; similar rules apply for other communities under their personal laws). This may not reflect the deceased's actual wishes.
A codicil is a supplement to an existing will that modifies, explains, or adds to some of its provisions. It must be executed with the same formalities as a will.
Visit the official government portal to start your application
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