Making a 'will' isn't just for the ultra-rich: Here's why it matters

Making a will is one of the simplest steps to secure your family's future,' say legal experts, warning that delays often lead to costly disputes and confusion.

Drafting a ‘will’ is one of the simplest yet most overlooked steps in estate planning. Legal experts say that a properly executed ‘will’ ensures your assets are distributed according to your wishes and helps avoid disputes among family members. While the process is legally straightforward, many people delay it due to misconceptions or lack of awareness.

   

Who can make a ‘will’ and how?

   

“A will is a legal declaration of how you want your assets distributed after your death,” says Shaishavi Kadakia, partner, Cyril Amarchand Mangaldas. “Any Indian citizen over 18 years of age and of sound mind can make a Will, provided it is done voluntarily and without coercion.”

   

The key requirements include:

   

-The ‘will’ must be in writing (handwritten or typed).

   

-It must be signed by the testator and attested by two independent witnesses who are not beneficiaries.

   

-There is no need for stamp paper or notarisation.

   

“A typewritten will is preferable to avoid legibility issues,” Kadakia adds. “Digital Wills are not recognised in India yet.”

   

Is registering a ‘will’ necessary?

   

Registration of a ‘will’ is not mandatory, but it provides additional legal strength.

   

“Registering a will under the Indian Registration Act adds credibility, discourages tampering, and ensures the document is safely stored with the Sub-Registrar’s office,” explains Shweta Tungare, co-founder, LawTarazoo.com.

   

“While registration isn’t compulsory, it creates a strong presumption of authenticity and helps mitigate challenges to its validity, especially in families where disputes are likely,” said Varun Sriram, partner, JSA Advocates and Solicitors.

   

However, experts caution that registration does not make a will immune to legal challenges.

   

“Even an unregistered will, if properly signed and attested, is 100 per cent valid,” Tungare points out.

   

Structuring a will to avoid disputes

   

-Clarity and completeness are essential to avoid future conflicts. All the experts unanimously suggest:

   

-Explaining any unequal distribution of assets to heirs.

   

-Updating the will after major life events like marriage, birth, or purchase of property.

   

-Destroying earlier wills once a new one is executed.

   

-Appointing a neutral, trustworthy executor.

   

Sriram advises including a “residuary clause” to cover future or unlisted assets and detailing instructions for digital accounts. “Ambiguity and omissions often lead to family conflict. Clarity is crucial,” he says.

   

Common mistakes to avoid

 

Experts caution against vague phrases like “divide equally” or drafting separate ‘wills’ for different assets. Tungare adds, “People often forget to update their will after major life changes or appoint unreliable witnesses, which can create disputes later.”

 

Kadakia recommends seeking legal advice for anything more than a very simple ‘will’.  “A common mistake people make is using vague terms like ‘all my property’ or failing to appoint an executor, which often leads to disputes among heirs,” says Kunal Maliramani, associate, Accord Juris LLP. “Clarity and completeness are critical for a Will to stand up in court.”

 

“A single, comprehensive document ensures your wishes are carried out and reduces the risk of challenges.” 

She sums up, “Making a will isn’t just for the wealthy, it’s a vital step for anyone with assets, however small, to secure peace for their family.”