Search

Crafting a Will in India: A Guide to Safeguarding Your Assets

Creating a will is a crucial part of estate planning, ensuring your assets are distributed according to your wishes and protecting your family's future. Unfortunately, this practice is often neglected in India, leaving countless assets unclaimed and sparking disputes among heirs. This guide outlines the process of drafting a will in India, highlighting its importance with key data and actionable steps.


Why Writing a Will Matters in India

A will serves as a legal directive for asset distribution after one’s demise. Alarmingly, studies reveal that less than 10% of Indians have prepared a will, compared to approximately 46% in the United States. This gap has led to over ₹50,000 crore worth of unclaimed assets being held by the government.

A properly executed will minimizes family conflicts, ensures rightful inheritance, and simplifies asset transfer. Here’s how you can create a will in India step by step:

Steps to Draft a Will in India


  1. Assess Your Assets: Compile a detailed inventory of all assets, including properties, bank accounts, investments, and personal valuables. A clear asset list streamlines the distribution process.
  2. Appoint an Executor: Designate a reliable individual to act as the executor, responsible for implementing the will’s provisions.
  3. Identify Beneficiaries: Clearly name your beneficiaries, along with their full details and the specific share of each asset they will receive. This prevents misunderstandings or disputes.
  4. Write the Will: Draft the document in straightforward language, specifying asset allocations, executor details, and any special instructions. It must be signed by the testator (you) in the presence of at least two witnesses who are not beneficiaries.
  5. Comply with Legal Requirements: Ensure the will adheres to the Indian Succession Act, 1925, which governs the legalities of creating and executing wills in India.


Is Will Registration Mandatory?

Although not legally required, registering your will with the local registrar adds authenticity and strengthens its enforceability, reducing the risk of legal challenges.


Key Legal Considerations for Writing a Will


  • Eligibility: The testator must be at least 18 years old and mentally sound.
  • Witnesses: Two witnesses must attest to the will’s authenticity, and they should not be beneficiaries to avoid conflicts of interest.
  • Voluntary Action: The will must be made without any coercion or undue influence, ensuring it reflects the testator's true intent.


Advantages of Having a Will


  • Avoiding Disputes: A clear, legally valid will eliminates ambiguity and reduces family conflicts over inheritance.
  • Protecting Assets: It ensures assets are allocated as intended, safeguarding them from becoming unclaimed or misused.
  • Providing for Dependents: A will allows you to appoint guardians for minor children and outline provisions for dependents, ensuring their well-being.


Conclusion

Writing a will in India is a straightforward yet critical step in protecting your legacy and avoiding unnecessary complications for your loved ones. Despite the low prevalence of will-making in India, following these steps can ensure your assets are distributed according to your wishes. To avoid potential challenges and make your will comprehensive, consider consulting a legal professional.