Last Updated: Law of Wills in India: Making, Registration, Probate, Execution and Inheritance Rules

A Will is often the simplest way of ensuring that a person's property passes after death according to that person's wishes. Yet, in practice, Wills are also among the documents that generate some of the most difficult family disputes.

The reason is straightforward. A Will is not merely a statement saying who should receive a person's property. For the Will to operate effectively, several questions may have to be answered: Did the testator have the capacity to make the Will? Did the testator understand what he or she was signing? Was the Will executed in the manner required by law? Were the witnesses properly present and did they properly attest it? Did the testator actually own the property being bequeathed? Was the Will made freely, or was there fraud, coercion or undue influence?

These questions become particularly important when a Will is challenged after the testator's death, sometimes many years after it was signed.

There has also been an important change in the law in recent years.

The Repealing and Amending Act, 2025 omitted Section 213 of the Indian Succession Act, 1925 with effect from 20 December 2025. The former statutory rule that, in specified cases, prevented rights under a Will from being established without probate has therefore been removed.

That change has led to considerable confusion because some older articles continue to state that probate is automatically mandatory for certain Wills in Mumbai, Kolkata and Chennai.

That is no longer an accurate statement of the law under Section 213.

At the same time, it would be equally wrong to say that probate has disappeared from Indian succession law. Probate continues to exist as a judicial grant and may remain important in appropriate cases.

This article explains the law governing Wills in India as it stands in September 2026, including execution, attestation, registration, proof of Wills, probate, personal-law differences, Muslim Wills, NRI Wills, electronic documents and common mistakes in Will drafting.

What Is a Will?

Section 2(h) of the Indian Succession Act, 1925 defines a Will as the legal declaration of the intention of a testator with respect to property which the testator desires to be carried into effect after death.

Put simply, a Will records how a person wants property and other testamentary interests capable of being disposed of by Will to devolve after death.

The defining feature of a Will is that it ordinarily takes effect only after the death of the testator.

During the testator's lifetime, a competent testator is generally free to change, replace or revoke the Will.

That is why a Will should not be confused with a gift. A gift operates during the lifetime of the donor and involves a present transfer of an interest. A Will is testamentary: its dispositions ordinarily operate after death.

Also Read: Wills, Succession, Inheritance & Probate in India: Complete 2026 Guide.

Important Legal Terms

Testator

The testator is the person who makes the Will.

Codicil

A codicil is an instrument made in relation to an existing Will for the purpose of explaining, altering or adding to its provisions.

A codicil forms part of the testamentary scheme and should itself be properly executed in accordance with the applicable legal requirements.

Executor

An executor is the person appointed by the testator to administer the estate and carry out the provisions of the Will.

The choice of executor deserves more attention than it often receives. A Will may be perfectly drafted, but estate administration can become difficult if the executor is unavailable, unwilling or incapable of dealing with banks, property, tax matters, claims and beneficiaries.

Beneficiary or Legatee

A beneficiary or legatee is a person who receives a benefit or legacy under the Will.

Probate

Probate is the judicial grant made in relation to a Will in favour of the executor named in it.

Probate and the validity of a Will, however, are not the same legal question.

A Will does not become a Will only because it has been probated, nor is an otherwise valid Will automatically invalid merely because it has not been probated.

Letters of Administration

Where administration of an estate is required but there is no executor capable of taking probate, the appropriate proceeding may involve letters of administration with the Will annexed.

Probate and letters of administration should therefore not be treated as interchangeable concepts.

Who Can Make a Will in India?

Section 59 of the Indian Succession Act lays down the general statutory rule concerning testamentary capacity.

Broadly speaking, a person who is:

• not a minor; and
• of sound mind,

may make a Will, subject to the applicable personal law and statutory provisions.

The important question is not simply whether the person is elderly, physically ill or suffering from some medical condition.

The real question is whether, at the time the Will was made, the testator understood the nature and consequences of the testamentary act.

A person should ordinarily understand:

• that he or she is making a Will;
• the nature and extent of the property being dealt with;
• the persons who may ordinarily have claims upon the estate; and
• the consequences of the dispositions being made.

A person who is ordinarily of unsound mind may make a Will during a lucid interval. Conversely, a person whose mental condition prevents him or her from understanding the testamentary act cannot validly make a Will.

This is one reason why the circumstances existing on the date of execution can become critical in Will litigation.

Testamentary Capacity and Free Will

Testamentary capacity and free consent are closely connected, but they are not identical.

A person may have the mental capacity to understand a Will and yet the Will may be challenged because it was procured through improper means.

Section 61 of the Indian Succession Act deals with Wills obtained through fraud, coercion or such importunity as takes away the free agency of the testator.

Consequently, in a contested Will case, the court is not concerned merely with the question:

"Did the testator sign the document?"

The court may also have to determine:

"Did the testator understand what he or she was signing, know its effect, and make the decision freely?"

That distinction is fundamental.

What Are the Formal Requirements of a Will?

Indian law does not prescribe one universal format in which every ordinary Will must be drafted.

A Will can be written in a language understood by the testator. It does not have to use elaborate legal terminology if the testamentary intention is sufficiently clear.

But simplicity of language does not mean that execution formalities can be ignored.

For an ordinary unprivileged Will to which Section 63 of the Indian Succession Act applies, the requirements concerning execution and attestation are important.

Execution and Attestation of a Will

For an unprivileged Will governed by Section 63:

1. The Testator Must Sign or Affix a Mark

The testator must sign or affix his or her mark to the Will.

Alternatively, another person may sign on the testator's behalf, but this must be done in the testator's presence and at the testator's direction.

2. The Signature Must Show an Intention to Give Effect to the Will

The signature or mark must be placed in such a manner that it appears intended to give effect to the document as a Will.

3. There Must Be Two or More Attesting Witnesses

An ordinary Will governed by Section 63 must be attested by two or more witnesses.

4. The Witnesses Must See the Signature or Receive Acknowledgment

Each witness must either:

• see the testator sign or affix the mark; or
• receive from the testator a personal acknowledgment of the signature or mark.

5. Each Witness Must Sign in the Testator's Presence

Each attesting witness must sign the Will in the presence of the testator.

6. The Two Witnesses Do Not Have to Sign in Each Other's Presence

This point is frequently misstated.

Section 63 does not require both witnesses to be physically present at the same time, nor does it require one witness to sign in the presence of the other.

What matters is compliance with the statutory requirements relating to the testator and each attesting witness.

Nevertheless, from a practical and evidentiary standpoint, there is considerable merit in conducting the entire execution ceremony in one sitting, preferably with both independent witnesses present.

That makes the circumstances of execution much easier to establish if the Will is challenged years later.

Who Should Act as Witnesses?

The safest practical approach is to use independent witnesses who have no beneficial interest under the Will.

A witness should ideally:

• know the testator or be able to identify the testator;
• be an adult;
• be independent of the principal beneficiaries;
• understand that he or she is witnessing execution of a Will; and
• be reasonably likely to be available if evidence is required years later.

The legal consequences of a beneficiary acting as a witness depend upon the applicable personal-law regime and statutory provisions. But even where such attestation does not automatically invalidate a benefit, it may create unnecessary evidentiary questions.

For that reason, there is little practical advantage in choosing a beneficiary as a witness when independent witnesses are available.

Can a Beneficiary Be a Witness?

This question cannot be answered without considering the applicable personal law.

Under Section 67 of the Indian Succession Act, where that provision applies, a Will is not simply invalid because a beneficiary or the beneficiary's spouse attests it. However, the bequest or appointment in favour of the attesting witness or spouse may be affected in the circumstances specified by the section.

The statutory scheme is not applied identically to Hindu, Buddhist, Sikh and Jain Wills.

As a matter of sound Will-drafting practice, however, the better course is straightforward:

Use two independent witnesses who receive no benefit under the Will.

That removes an avoidable complication at the outset.

Can an Executor Be a Witness?

Yes.

The appointment of a person as executor does not, by itself, prevent that person from acting as an attesting witness.

Even so, independent witnesses are generally preferable.

The executor should ideally be someone who is:

• trustworthy;
• capable of dealing with financial and legal matters;
• available when required;
• willing to administer the estate; and
• sufficiently independent to act fairly between beneficiaries.

For a substantial estate, it may be worth considering a professional or institutional executor, depending upon the circumstances.

Is Stamp Paper Required for a Will?

No.

An ordinary Will does not have to be written on stamp paper merely because it deals with property.

A Will should not be confused with a sale deed, conveyance or gift deed.

This does not mean that no stamp-duty questions can ever arise in estate administration. Transactions undertaken after death may have their own stamp-duty and registration consequences.

But the Will itself is not rendered invalid merely because it was not written on stamp paper.

Is Registration of a Will Compulsory in India?

No.

Registration of a Will is optional.

Section 18 of the Registration Act, 1908 treats registration of Wills as optional.

Accordingly:

• An unregistered Will is not invalid merely because it has not been registered.

This is one of the most important practical points in Indian Will law.

A person should therefore not assume that an unregistered Will is legally worthless.

What Is the Advantage of Registering a Will?

Although registration is not compulsory, it can provide useful evidentiary and custodial advantages.

Registration creates an official record that the Will was presented before the registering authority. The Registration Act also provides a mechanism for depositing a Will in a sealed cover with the Registrar.

But registration should not be mistaken for a judicial declaration that the Will is valid.

Registration does not automatically establish:

• testamentary capacity;
• absence of undue influence;
• absence of fraud;
• genuineness in every disputed circumstance;
• proper execution in every respect; or
• ownership of the property mentioned in the Will.

A registered Will can still be challenged.

Conversely, an unregistered Will can still be perfectly valid.

Can a Registered Will Be Challenged?

Yes.

Registration does not make a Will immune from litigation.

Depending upon the facts, a Will may be challenged on grounds including:

• lack of testamentary capacity;
• fraud;
• coercion;
• undue influence;
• forgery;
• improper execution;
• defective attestation;
• suspicious circumstances;
• lack of knowledge and approval; or
• lack of ownership of the property purportedly bequeathed.

The Supreme Court has also emphasized that registration by itself does not give a Will an automatic stamp of validity. In Lilian Coelho & Ors. v. Myra Philomena Coelho, 2025 INSC 7, the Court addressed the continuing importance of the legal requirements relating to proof and suspicious circumstances notwithstanding registration.

The practical lesson is simple:

Registration is a useful safeguard. It is not a substitute for a properly made Will.

Proof of a Will Under the Bharatiya Sakshya Adhiniyam, 2023

The evidentiary law applicable in India has changed.

The Bharatiya Sakshya Adhiniyam, 2023 (BSA) came into force on 1 July 2024 and replaced the Indian Evidence Act, 1872.

For proof of a Will, the relevant provision is now Section 67 of the BSA.

Where a document is required by law to be attested, it generally cannot be used in evidence until at least one attesting witness has been called to prove its execution, provided the witness is alive, available to the process of the court and capable of giving evidence.

The statutory exception relating to certain registered documents does not remove the special requirement applicable to a Will.

Therefore, an important practical point remains:

Registration of a Will does not, by itself, eliminate the requirement of proving its execution through an attesting witness where the law requires such proof.

This distinction is often missed in discussions about registered Wills.

What If No Attesting Witness Is Available?

The BSA contains mechanisms for situations in which an attesting witness cannot be found or cannot properly prove execution.

Depending upon the circumstances, the handwriting of an attesting witness and the signature of the person who executed the document may have to be established in accordance with the statutory requirements.

The law also provides for situations where an attesting witness denies or does not recollect execution.

The precise evidentiary route will depend upon the facts.

This is another reason why witnesses should be chosen carefully and their details preserved with the original Will.

Important Supreme Court Principles on Proof of Wills

Indian courts have developed a substantial body of jurisprudence concerning the proof of Wills.

The classic authority remains:

H. Venkatachala Iyengar v. B.N. Thimmajamma, AIR 1959 SC 443.

The principles in that decision continue to form the foundation of Indian Will jurisprudence.

Other important authorities include:

• Janki Narayan Bhoir v. Narayan Namdeo Kadam, (2003) 2 SCC 91
• Ganesan v. Kalanjiam, (2020) 11 SCC 555
• Meena Pradhan v. Kamla Pradhan, 2023 INSC 847
• Lilian Coelho v. Myra Philomena Coelho, 2025 INSC 7

These authorities must now be read alongside the evidentiary framework of the Bharatiya Sakshya Adhiniyam, 2023.

The broad principle remains that the person propounding a Will must establish its due execution and satisfy the court concerning the testamentary capacity and free intention of the testator.

Suspicious Circumstances Surrounding a Will

A Will may satisfy the formal requirements of execution and still give rise to serious litigation if the surrounding circumstances appear suspicious.

Possible circumstances may include:

• exclusion of natural heirs without a satisfactory explanation;
• a sudden and unexplained departure from an earlier Will;
• active involvement of a principal beneficiary in preparing or executing the Will;
• serious doubts concerning the testator's condition;
• unusual or highly improbable dispositions;
• suspicious signatures;
• unexplained alterations;
• questionable attestation;
• inconsistent evidence from witnesses;
• suppression of the Will after death; or
• circumstances suggesting coercion or undue influence.

But there is an important qualification.

An unequal distribution of property is not, by itself, proof that a Will is invalid.

A person is generally entitled to distribute property differently among family members, provided the disposition is legally permissible and the Will is genuinely and voluntarily made.

The court examines the circumstances as a whole and considers whether legitimate suspicion has arisen and, if so, whether that suspicion has been satisfactorily explained.

Revocation and Change of a Will

A Will is generally revocable during the lifetime of a competent testator.

Under Section 70 of the Indian Succession Act, an unprivileged Will may be revoked through legally recognized methods, including:

• a subsequent Will;
• an appropriate codicil;
• an instrument of revocation executed with the required formalities; or
• destruction or another legally recognized act of revocation carried out with the intention of revoking the Will.

As a matter of drafting practice, a new Will should ordinarily contain a clear clause revoking previous Wills.

This reduces the scope for an argument later about whether an earlier testamentary document survived.

What Happens When a New Will Is Made?

When more than one Will exists, the court may have to determine:

• whether the later document is genuine;
• whether it was properly executed;
• whether the testator had testamentary capacity;
• whether the later Will revoked the earlier Will;
• whether the testator knew and approved its contents; and
• whether suspicious circumstances surround the later Will.

The fact that the later Will is registered does not automatically make it legally superior to an earlier unregistered Will.

The real question is which testamentary instrument is legally valid and operative.

Marriage and Revocation of a Will

Marriage requires particular care in Will planning because the consequences differ according to the personal law applicable to the testator.

Section 69 of the Indian Succession Act provides a general rule concerning revocation of a Will by subsequent marriage, subject to the statutory scheme and exceptions.

However, the rule does not operate identically for all communities.

The proviso to Section 57 is particularly relevant to Wills of Hindus, Buddhists, Sikhs and Jains.

Part VI of the Indian Succession Act also does not generally govern Muslim testamentary succession in the same manner.

Accordingly, after marriage, divorce or remarriage, a person should not simply assume that an existing Will continues unaffected or has automatically been revoked.

A fresh legal review of the Will is advisable after a major change in marital or family circumstances.

Codicil: What Is It and When Should It Be Used?

A codicil is used to modify, explain or supplement an existing Will.

It can be useful for relatively limited changes, such as:

• changing an executor;
• adding a beneficiary;
• altering a particular bequest;
• correcting certain particulars; or
• modifying a limited provision.

A codicil must itself be properly executed and attested where the applicable law requires.

Where substantial changes are being made, however, executing a completely new Will is often cleaner and safer. Multiple testamentary documents can create unnecessary questions about which provisions remain operative.

Probate in India: The Major 2025-2026 Change

This is the part of Indian Will law that requires particular attention because many articles available online still describe the old legal position.

The Former Position

Before the 2025 amendment, Section 213 of the Indian Succession Act provided that, in specified cases, a right as executor or legatee could not be established in court unless probate or letters of administration with the Will annexed had been obtained.

The provision did not apply uniformly to all Wills or all communities.

Its operation depended upon Section 57 and the relevant statutory provisions concerning Parsis.

This was the source of the familiar explanation that probate was mandatory for certain Wills connected with Mumbai, Kolkata and Chennai.

That explanation now needs to be updated.

What Changed in 2025?

The Repealing and Amending Act, 2025, Act No. 37 of 2025, omitted Section 213 of the Indian Succession Act.

The amendment received Presidential assent on 20 December 2025, and the official text records the omission as effective from that date. Consequential amendments were also made to other provisions, including Section 3 and Section 370.

This is a significant change in the law.

Is Probate Still Mandatory in Mumbai, Kolkata or Chennai?

The old statement:

"Probate is mandatory in Mumbai, Kolkata and Chennai."

should not now be published as a statement of current law under Section 213.

Section 213 has been omitted.

But two opposite mistakes should also be avoided.

It is not correct to say:

"Probate has been abolished."

Nor is it correct to say:

"Probate is never required."

Neither statement accurately describes the present legal position.

What Is the Current Position on Probate?

The position in 2026 is best understood this way:

Probate remains a judicial grant under the Indian Succession Act, but the former Section 213 statutory bar requiring probate before certain rights could be established has been removed.

The rest of the statutory framework dealing with probate has not simply disappeared.

The Act continues to contain provisions concerning:

• grants of probate;
• authority of executors;
• letters of administration;
• the effect of probate;
• representative title;
• territorial operation of grants; and
• statutory waiting periods.

Accordingly, probate may still be relevant-and in some estates practically very important-even though the former Section 213 requirement has been removed.

Does a Will Need Probate to Be Valid?

No.

The validity of a Will depends upon the requirements applicable to its execution, testamentary capacity, attestation and the personal law governing the testator.

Probate is a judicial grant.

These are two different legal concepts.

A Will should therefore not be described as "invalid because it has not been probated."

Why Might Probate Still Be Useful?

Even after the omission of Section 213, probate may be appropriate in particular circumstances.

For example:

• the Will is likely to be disputed;
• the estate is substantial;
• several beneficiaries are involved;
• the estate contains complicated property interests;
• the executor requires formal judicial authority;
• a bank, institution or authority requires a court grant before releasing or transferring assets;
• debts or claims have to be dealt with through representative action; or
• the parties seek judicial confirmation of the testamentary instrument.

The practical requirement will depend upon the nature of the estate, the assets involved, the authority dealing with those assets and the applicable law.

Effect of Probate

Where probate is granted, it has important legal consequences concerning the Will and the representative authority of the executor.

But probate cannot create ownership where the testator had none.

If a person attempts to bequeath property that he or she did not own, probate does not magically create title to that property.

Questions concerning:

• title;
• ownership;
• coparcenary rights;
• third-party interests; and
• the testator's actual interest in the property

may therefore remain relevant even after a testamentary grant.

Seven-Day and Fourteen-Day Periods

The Indian Succession Act continues to contain statutory waiting periods relating to grants.

Section 293 provides that probate cannot be granted until the expiration of seven clear days from the death of the testator, while letters of administration ordinarily cannot be granted until fourteen clear days have expired.

These are minimum statutory periods.

They should not be confused with the total time required to conclude a probate or testamentary proceeding.

If the Will is contested, the litigation may continue for a considerably longer period.

Wills and Hindu Coparcenary Property

This is one of the areas in which Will drafting most frequently goes wrong.

Section 30 of the Hindu Succession Act, 1956 permits a Hindu to dispose by Will of property capable of being disposed of by him or her.

In relation to Mitakshara coparcenary property, the testator can make a testamentary disposition of his or her own interest.

That does not mean that a person can simply treat the entire joint family property as his or her exclusive property and Will it away.

Before drafting a Will involving ancestral or coparcenary property, it is important to determine:

• the nature of the property;
• whether a partition has taken place;
• who the existing coparceners are;
• what interest actually belongs to the testator; and
• whether any competing statutory rights exist.

A Will cannot transfer a greater interest than the testator legally possesses.

Wills of Hindus, Buddhists, Sikhs and Jains

Testamentary succession involving Hindus, Buddhists, Sikhs and Jains must be considered with reference to the Hindu Succession Act, 1956, the applicable provisions of the Indian Succession Act and the relevant personal-law framework.

Section 30 of the Hindu Succession Act recognizes testamentary disposition of property capable of being disposed of by Will.

This is why using a generic Will template without first examining ownership of the property can be dangerous.

The Will may be perfectly drafted in form and yet attempt to dispose of property that the testator did not legally own in the manner assumed.

Wills of Christians

Christian testamentary succession is principally governed by the Indian Succession Act, subject to the applicable statutory framework.

For an ordinary unprivileged Christian Will, the following remain important:

• testamentary capacity;
• proper execution and attestation under Section 63;
• proof under the Bharatiya Sakshya Adhiniyam, 2023;
• the provisions concerning bequests to attesting witnesses; and
• the statutory provisions concerning marriage and revocation.

The old statement that Christian Wills necessarily require probate in Mumbai, Kolkata or Chennai under Section 213 should not be presented as the current law because Section 213 has been omitted.

Wills of Parsis

Parsi testamentary succession is governed by the relevant provisions of the Indian Succession Act together with the applicable Parsi personal-law framework.

Following the 2025 omission of Section 213, older explanations of mandatory probate must also be updated.

A Parsi Will should be examined with particular attention to:

• testamentary capacity;
• execution;
• attestation;
• marriage;
• beneficiaries;
• family circumstances; and
• administration of the estate.

Muslim Wills in India

Muslim testamentary succession requires separate consideration.

Section 58 of the Indian Succession Act excludes Muslim testamentary succession from the general operation of Part VI.

The testamentary powers of a Muslim are therefore governed substantially by Muslim personal law, subject to applicable legislation and judicial decisions.

A Muslim Will should not be drafted simply by copying the structure of a Will intended for a Hindu, Christian or Parsi testator.

The One-Third Rule

Under the traditional Sunni rules applied by Indian courts, a Muslim can ordinarily make a testamentary disposition of up to one-third of the net estate, after taking account of funeral expenses and debts.

A disposition beyond one-third generally requires the consent of the relevant heirs after the death of the testator.

The rules concerning bequests to heirs are also important.

Under the traditional Sunni position, a bequest to an heir ordinarily requires the consent of the other heirs after the testator's death.

Shia principles differ in important respects.

Accordingly, a Muslim Will should be prepared only after considering the testator's school of Muslim law and the particular family circumstances.

Can a Muslim Make an Oral Will?

Muslim personal law recognizes oral testamentary dispositions in appropriate circumstances.

But an oral Will can create substantial evidentiary difficulties after the testator's death.

For practical estate planning, a clear written Will is strongly preferable.

A written document provides far greater clarity regarding:

• the testator's intention;
• the property involved;
• the beneficiaries;
• any conditions;
• the date of execution; and
• the circumstances in which the testamentary disposition was made.

NRI Wills and Foreign-Executed Wills

NRIs and foreign nationals who own property in India should take particular care when preparing Wills.

A Will executed outside India may raise questions concerning:

• the law of the place of execution;
• domicile;
• the law governing immovable property;
• proof of execution;
• authentication;
• apostille or legalisation;
• translation;
• jurisdiction of Indian courts; and
• administration of Indian assets.

There is no universal rule that every foreign-executed Will must automatically be apostilled.

An apostille authenticates the origin of a qualifying public document for international use. It does not cure a defective Will or convert an invalid testamentary document into a valid one.

Similarly, consular legalisation may become relevant depending upon the country concerned and the applicable international arrangements.

Should an NRI Make a Separate Indian Will?

There is no universal statutory rule requiring every NRI to make a separate Will for Indian assets.

However, where a person owns assets in several jurisdictions, careful estate planning may involve:

• a Will dealing specifically with Indian assets; and
• a separate Will dealing with assets in another country.

If more than one Will is used, the documents must be drafted carefully.

The greatest danger is an accidental revocation clause in one Will that unintentionally revokes another Will dealing with assets in a different jurisdiction.

Indian immovable property also requires particular attention to the law governing the property and the Indian succession framework.

Electronic Wills, Video Recordings and AI-Assisted Drafting

Technology has changed the way Wills are prepared, stored and discussed.

It has not, however, removed the legal requirements governing execution.

There is an important difference between:

• preparing a Will electronically
• and
• legally executing a Will electronically.

That distinction should not be overlooked.

Can a Will Be Signed Electronically?

The Information Technology Act, 2000 expressly excludes a Will and other testamentary dispositions through its First Schedule.

The First Schedule specifically includes:

"A will ... including any other testamentary disposition"

among the documents and transactions to which the Act does not apply.

An ordinary Will should therefore not be treated as legally executed merely because it exists as an electronic document or carries an electronic signature.

The safer approach remains to execute the Will in the form and manner required by the applicable succession law.

Is a WhatsApp Message a Will?

A WhatsApp message should not simply be treated as a substitute for a properly executed Will where the applicable law requires formal execution and attestation.

The same caution applies to:

• emails;
• scanned copies;
• photographs of Wills; and
• other electronic reproductions.

Electronic material may have evidentiary relevance in litigation.

But evidence concerning a Will is not necessarily the same thing as legal execution of the Will itself.

Can a Video Recording Replace Witnesses?

No.

A video recording of the testator signing a Will may nevertheless be useful as additional evidence concerning:

• identity;
• the circumstances of execution;
• voluntariness;
• physical condition;
• understanding of the document; and
• presence of witnesses.

But it does not replace statutory attestation requirements applicable to an ordinary Will.

The sensible approach is to treat video as additional evidence, not as a substitute for the legally required witnesses.

Can AI Be Used to Draft a Will?

AI can certainly be used as a drafting aid.

But an AI-generated document does not become a legally valid Will merely because it has been generated by an AI system.

Before execution, the draft should be checked carefully for:

• ownership of assets;
• applicable personal law;
• family relationships;
• testamentary capacity;
• beneficiaries;
• executor provisions;
• a residuary clause;
• revocation of earlier Wills;
• tax and regulatory implications; and
• statutory execution and attestation requirements.

There is no separate category of "AI Will" recognized under Indian succession law.

The legal document is still a Will, and it must satisfy the law applicable to that testator.

Joint and Mutual Wills

Two people may make reciprocal or "mutual" testamentary arrangements.

But merely describing two documents as "mutual Wills" does not automatically make them irrevocable.

Where the parties intend that the survivor should be bound by an arrangement after the death of one of them, the legal structure and evidence of the arrangement become particularly important.

A carefully drafted mutual-Will arrangement should make clear:

• the reciprocal obligations;
• the assets concerned;
• the circumstances in which alteration is permitted; and
• the consequences following the death of one party.

Executor: Duties and Responsibilities

The executor has an important role in estate administration.

Depending upon the Will and the circumstances, the executor may have to:

• locate and secure the deceased's assets;
• identify liabilities;
• collect debts and receivables;
• pay lawful debts and expenses;
• deal with claims against the estate;
• obtain probate or another appropriate grant where required or appropriate;
• deal with banks, government authorities and other institutions;
• distribute assets in accordance with the Will; and
• maintain appropriate estate records.

Section 211 of the Indian Succession Act recognizes the representative position of an executor or administrator.

The executor should therefore be selected with care.

For a substantial estate, appointing a professional or institutional executor-or at least a person with the necessary financial and administrative ability-may be worth considering.

What Happens If There Is No Will?

When a person dies without a valid Will, the estate devolves according to the applicable law of intestate succession.

The applicable law can depend upon:

• religion;
• personal law;
• the nature of the property;
• family relationships;
• domicile; and
• other relevant legal circumstances.

The intestate succession regime applicable to a Hindu is not the same as the regime applicable to a Muslim or Christian.

This is one of the principal reasons people make Wills.

Without a Will, the distribution of the estate may be determined by statutory succession rules rather than by the deceased person's wishes.

Ten Common Mistakes in Making a Will

1. Using an Unverified Template

An online template may not reflect the testator's personal law, ownership structure or family circumstances.

2. Bequeathing Property the Testator Does Not Own

A Will cannot transfer a greater title than the testator possesses.

3. Ignoring Coparcenary Rights

Joint family property cannot simply be treated as the testator's exclusive property.

4. Using Beneficiaries as Witnesses

Even where legally permissible, doing so can create avoidable evidentiary complications.

5. Improper Attestation

A defective execution ceremony can become a major problem when the Will is challenged years later.

6. Failing to Revoke an Earlier Will

Multiple Wills without a clear revocation structure can generate expensive litigation.

7. Omitting a Residuary Clause

A Will should ideally explain what happens to property not specifically mentioned.

8. Describing Property Ambiguously

Property should be identified sufficiently clearly to avoid future disputes.

9. Choosing an Unsuitable Executor

Estate administration can be demanding and may continue for years.

10. Never Reviewing the Will

A Will made ten years ago may no longer reflect the person's family, property or financial circumstances.

When Should a Will Be Reviewed?

A Will should ordinarily be reviewed after a major life or financial event, including:

• marriage;
• divorce;
• remarriage;
• birth or adoption of a child;
• death of a beneficiary;
• death or incapacity of an executor;
• acquisition of substantial property;
• sale of a major asset;
• establishment or restructuring of a business;
• significant changes in family circumstances;
• acquisition of assets abroad; or
• major changes in succession law.

A Will is not a document that should simply be signed once and forgotten.

Estate planning should evolve with the person's circumstances.

Practical Checklist for Making a Will in India

Before executing a Will, the testator should consider the following.

Personal Details

• Full name
• Age
• Address
• Identification details

Family Details

• Spouse
• Children
• Parents, where relevant
• Dependants
• Other persons who may have succession claims

Assets

Consider preparing a complete asset schedule covering:

• residential property;
• commercial property;
• agricultural property;
• bank accounts;
• fixed deposits;
• shares;
• demat accounts;
• mutual funds;
• insurance policies;
• jewellery;
• vehicles;
• business interests;
• partnership interests;
• intellectual property;
• digital assets; and
• loans and receivables.

Liabilities

Identify:

• bank loans;
• mortgages;
• personal loans;
• guarantees; and
• other substantial liabilities.

Beneficiaries

Each beneficiary should be identified clearly and the nature of the benefit should be specified as precisely as practical.

Executor

Consider appointing:

• a primary executor; and
• an alternate executor.

Execution

Before signing, ensure:

• the testator signs properly;
• two independent witnesses are available;
• attestation is carried out correctly;
• the testator has testamentary capacity; and
• the original Will is preserved securely.

Should an Elderly Person Take Additional Precautions?

Where a Will is being made by an elderly or seriously ill person, additional evidentiary precautions can sometimes be sensible.

Depending upon the circumstances, the testator may consider:

• obtaining a contemporaneous medical assessment where appropriate;
• executing the Will before independent witnesses;
• recording the execution ceremony on video;
• having the testator personally confirm that the contents have been understood;
• keeping major beneficiaries away from unnecessary involvement in the execution process; and
• maintaining a clear record of where the original Will is kept.

These measures do not replace the statutory requirements of execution and attestation.

They are simply additional safeguards that may reduce the scope for future allegations concerning capacity, coercion or suspicious circumstances.

Frequently Asked Questions About Wills in India

Is Registration of a Will Compulsory in India?

No.

Registration is optional. An unregistered Will is not invalid merely because it has not been registered.

Is an Unregistered Will Legally Valid?

Yes.

An unregistered Will can be valid provided it satisfies the legal requirements applicable to that Will.

Is a Registered Will Automatically Valid?

No.

Registration does not cure defective execution, lack of testamentary capacity, fraud, undue influence or other legal defects.

Must Both Will Witnesses Be Present Together?

No.

Section 63 does not require both attesting witnesses to be present simultaneously.

Must Witnesses Sign in Each Other's Presence?

No.

Each witness must sign in the presence of the testator. Section 63 does not require the witnesses to sign in each other's presence.

Is Probate Mandatory in Mumbai in 2026?

The former mandatory requirement under Section 213 has been removed.

Section 213 was omitted with effect from 20 December 2025.

The old statement that every relevant Will in Mumbai, Kolkata or Chennai must now be probated under Section 213 is therefore outdated.

Probate itself remains available and may still be relevant or practically necessary depending upon the circumstances.

Has Probate Been Abolished in India?

No.

The 2025 amendment removed Section 213. It did not abolish probate as a judicial grant.

Does a Will Have to Be on Stamp Paper?

No.

An ordinary Will does not have to be made on stamp paper merely because it deals with property.

Can a Beneficiary Witness a Will?

The answer depends upon the applicable personal law and statutory provisions.

Even where permissible, using a beneficiary as an attesting witness is generally best avoided.

Can a Will Be Changed After Registration?

Yes.

A competent testator can generally revoke or alter a Will during his or her lifetime through legally recognized methods.

Can a Will Be Made Through WhatsApp?

A WhatsApp message should not be treated as a substitute for the formal execution requirements applicable to an ordinary Will.

Can AI Draft a Will?

AI can assist with drafting.

But the resulting document must still comply with the substantive law applicable to the testator and with all applicable execution and attestation requirements.

Can a Video Recording Replace Two Witnesses?

No.

A video may provide useful corroborative evidence, but it does not replace mandatory attestation.

Can a Muslim Will the Entire Estate?

Not ordinarily under the traditional Sunni rules applied in India.

The general testamentary limit is one-third of the net estate, subject to the applicable personal-law rules and consent requirements. Shia principles differ in important respects.

Does a Will Automatically Transfer Property After Death?

A Will determines testamentary entitlement only to the extent of the property and interest that the testator was legally capable of disposing of.

The subsequent mutation, transfer, administration and registration of particular assets may require additional legal steps.

Conclusion: Law of Wills in India in 2026

The law of Wills in India rests on a few principles that remain constant despite recent statutory changes.

A Will must represent the genuine intention of a competent testator. Where Section 63 applies, it must be properly executed and attested. If the Will is challenged in court, its execution must be proved in accordance with the current evidentiary framework, now principally governed by the Bharatiya Sakshya Adhiniyam, 2023.

Registration remains optional.

A registered Will can still be challenged.

An unregistered Will can still be valid.

And perhaps most importantly, the legal position concerning probate has changed significantly.

The Repealing and Amending Act, 2025 omitted Section 213 of the Indian Succession Act with effect from 20 December 2025. The former statutory bar under which probate was a precondition for establishing rights under specified Wills has therefore been removed.

But that does not mean that probate has been abolished.

The more accurate way to state the present position is:

Probate remains a judicial grant. What has disappeared is the former Section 213 statutory bar.

For a straightforward estate with clearly owned assets, a carefully drafted Will may be relatively simple.

The situation becomes considerably more complicated where the estate includes ancestral or coparcenary property, substantial business interests, multiple properties, NRI or foreign assets, complicated family arrangements, Muslim personal-law issues, competing Wills or a realistic possibility of family litigation.

In those circumstances, Will drafting should not be approached as filling in a standard template.

The real exercise is to identify what the testator owns, what the law permits the testator to dispose of, who may have competing rights, how the testamentary intention should be recorded, and how the Will can later be proved if challenged.

A properly drafted and properly executed Will cannot guarantee that no dispute will ever arise. It can, however, substantially reduce ambiguity and make the testator's intentions far easier to establish.

That is ultimately the purpose of good estate planning: not merely to write down who gets what, but to ensure that the testamentary intention is legally sound, clearly expressed and capable of being implemented after death.

Need Legal Help With a Will, Probate or Inheritance Dispute?

A Will is meant to provide certainty-not become the reason for a family dispute after death.

Whether you are making a Will for the first time, reviewing an existing Will, changing or revoking an earlier Will, dealing with ancestral or coparcenary property, handling an NRI or foreign-asset estate, or facing a dispute over a Will, getting the legal position right at the beginning can prevent serious problems later.

If you are unsure whether your Will has been properly drafted, whether your property can legally be bequeathed, whether registration or probate is required, or how to deal with a disputed Will, it is better to obtain case-specific legal advice before taking the next step.

Legal Assistance for Wills & Succession Matters

Adv. Tarun Choudhury

Supreme Court Advocate | 25+ Years of Legal Experience

Legal assistance may be sought in matters concerning:

• Will drafting and legal review
• Registration of Wills
• Probate and Letters of Administration
• Will disputes and challenges
• Suspicious circumstances surrounding a Will
• Testamentary capacity and undue influence issues
• Ancestral and coparcenary property
• Hindu, Christian, Parsi and Muslim succession matters
• NRI Wills and inheritance of property in India
• Foreign-executed Wills and Indian assets
• Revocation or alteration of Wills
• Codicils and subsequent Wills
• Executor and estate-administration issues
• Inheritance and succession disputes

Do Not Wait Until a Family Dispute Begins

A Will is usually easiest to correct before it is signed-or before a dispute arises.

If you already have a Will, it can be legally reviewed to identify potential problems relating to execution, witnesses, property ownership, beneficiaries, revocation clauses, personal law and future challenges.

If a family member has died leaving a disputed Will, the legal strategy may be very different and should be considered on the basis of the actual documents and circumstances.

Speak Directly for a Legal Consultation

Adv. Tarun Choudhury
Supreme Court Advocate, 25+ Years of Legal Experience

📞 Call: 9650499965

💬 WhatsApp: 8851978611

📧 Email: [email protected]

For a Will, probate or inheritance matter, do not rely solely on a generic online template or general information. Share the relevant facts and documents and obtain legal advice specific to your circumstances.