In Indian law, a valid will (also known as a testament) is a legal document through which an individual (the testator) expresses their wishes regarding the distribution of their assets and property after their death. For a will to be legally valid under the Indian Succession Act, 1925, certain essential elements must be present. These elements ensure that the testator's intentions are clear and respected. Here are the key elements of a valid will: 1. Testator’s Capacity The person making the will (the testator) must be: Of sound mind: The testator should be able to understand the nature and effect of making the will, comprehend the extent of their property, and know who the beneficiaries are. Of legal age: The testator must be at least 18 years old. If a minor (below 18) makes a will, it is not valid. Free from undue influence or coercion: The will must be made voluntarily and not under pressure from anyone else. If a person is forced or manipulated into making a will, it will not be considered valid. 2. Written Document The will must be in writing. A verbal will (oral will) is generally not valid under Indian law, except in very specific circumstances like Soldiers' Wills under Section 66 of the Indian Succession Act. 3. Clear Intention to Make a Will The testator must clearly state their intention to make a will. This can be indicated through language such as “This is my last will and testament” or similar phrases. The document should demonstrate that the testator is aware of the consequences of the will after their death. 4. Signature of the Testator The testator must sign the will at the end of the document, or if the testator is unable to sign, they may mark it in the presence of witnesses. The signature must be made in the presence of witnesses and should indicate the testator’s acceptance of the document. 5. Presence of Two or More Witnesses The will must be attested by at least two witnesses who are: Present at the time when the testator signs the will (or acknowledges their signature). Disinterested: The witnesses should not be beneficiaries or have any personal interest in the distribution of the estate. The witnesses must sign the will in the presence of the testator and of each other. It’s also important that the testator and witnesses are aware of the purpose of the document (i.e., that it is a will) at the time of signing. 6. Revocation Clause (Optional but Recommended) While not mandatory, it is common for a will to include a revocation clause, stating that the new will revokes all previous wills and codicils (amendments). This helps prevent any confusion if there are multiple versions of the will. 7. Properly Described Property and Beneficiaries The will should clearly describe: The property or assets being bequeathed (e.g., land, cash, jewelry). The beneficiaries (individuals or entities who will receive the property). If any conditions are imposed on the inheritance, these should be explicitly stated. 8. No Conflict with the Law The will must not conflict with existing laws, such as those related to maintenance of dependents (especially under the Hindu Adoptions and Maintenance Act or the Indian Christian and Muslim personal laws) or inheritance rights of legal heirs. For example, if a testator tries to disinherit their spouse or children without any justifiable cause, it may be challenged in court. 9. Attestation by the Testator’s Presence The will must be signed in the presence of the testator by the witnesses. If the testator cannot sign, they can mark the document in front of the witnesses, but this must be done in a way that leaves no doubt about the testator’s consent to the will. 10. Optional: Self-Proving Will While not required, some testators prefer a self-proving will, which includes an affidavit from the witnesses declaring that they witnessed the testator signing the will. This can make the probate process smoother. In Summary: For a will to be valid under Indian law, it must: Be made by a person of sound mind and legal age. Be written and signed by the testator. Be witnessed by at least two independent witnesses. Clearly express the testator’s intention regarding property distribution. Not violate any laws or public policy. If a will meets these requirements, it is legally enforceable. However, to avoid disputes, it’s always recommended that the will be prepared carefully, ideally with the assistance of a legal professional.

Dear Client, A will is a legal document of a person’s intent for what they wish to do with their property at the time of their death. In order for a will to be legally accepted certain key elements must be present. Legal Capacity at the time of making the will the testator must be of sound mind and of the age of majority which is generally 18 years or over. Free Choice Choice must be made out of free will, without coercion, undue influence, fraud, or misrepresentation. In that which regards intention the testator must put forth their wish as to how their property is to be distributed after death. Proper Form that which must be in writing (in very few cases do oral wills are recognized under personal laws). The testator shall sign or put a mark on the will to approve its contents. At testimony of Witnesses It is required that at least two competent witnesses attest to the testator’s signature and they should be present when the testator signs. In which case the will is usually accepted as valid by the law. If you have any further questions or require assistance with the court marriage process, please do not hesitate to contact us. Thank You!