Will questions people actually ask.
What is a will, and why do I need one?
A will is a legal document stating who should receive your property and assets after your death, who should carry that out (your executor), and who should care for any minor children. You need one because without it, your estate is distributed by fixed statutory rules of succession that take no account of your actual wishes, often slowly and sometimes in ways that cause family conflict. A will replaces that default with your own decisions.
What happens if I die without a will in India?
You are said to die “intestate,” and your estate is divided according to the rules of succession that apply to you. Those rules differ by the personal law governing you, for example, Hindu succession is governed by the Hindu Succession Act, while Muslim succession follows Islamic law, and others fall under the Indian Succession Act. In every case, the statute, not you, decides who inherits and in what share. The process is also typically slower and more contentious than administering a clear will.
Does a will have to be registered in India to be valid?
No. A will is legally valid in India without registration, provided it is properly made, signed, and witnessed. However, registering it with the sub-registrar adds a strong layer of authenticity, it creates an official record and makes the will significantly harder to challenge as a forgery or fabrication. Registration is optional but often worthwhile, and we advise whether it makes sense in your case.
Who can be a witness to a will?
A will in India must be attested by two or more witnesses who saw the testator sign. A witness should be an adult of sound mind, and, importantly, a beneficiary (or their spouse) should generally not act as a witness, because it can put their inheritance under that will at risk. Choosing the right witnesses is a small detail that DIY wills frequently get wrong, and it can invalidate a gift.
Can I change my will later?
Yes, and you should, whenever your life changes. A will is not set in stone. You can amend it with a “codicil” (a formal supplement) or simply make a new will that revokes the old one. Marriage, children, buying or selling property, or the death of a beneficiary are all good reasons to update. An outdated will can cause as many problems as no will, so reviewing it every few years is wise.
What is the difference between a will and a living will?
A regular will takes effect after death and deals with your property and dependents. A living will (or advance medical directive) takes effect while you are alive but unable to make decisions for yourself, it records your wishes about medical treatment. Living wills are recognised in India following the Supreme Court’s rulings on the right to die with dignity. They serve completely different purposes, and some people choose to make both.
I am an NRI / I have assets abroad. Can one will cover everything?
This needs care, and we will be honest with you about it. Succession is jurisdiction-specific: different countries’ laws can govern different assets, and a single will may not effectively cover property in multiple countries. For Indian assets we draft a will under Indian law; for assets abroad, we coordinate sensibly with local advice in that country rather than pretend one document neatly covers every jurisdiction. Getting this wrong creates exactly the cross-border mess a will is meant to avoid.
Is what I tell you confidential?
Completely. The details of your estate, your family, and your wishes are sensitive, and everything you share with us is treated as strictly confidential.