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Wills & Inheritance Planning

Making a Will is one of the most important steps you can take to protect your loved ones and ensure your wishes are respected. At IndiaFilings, we simplify the process of Will creation so that every Indian—whether young or old, salaried or self-employed—can document their legacy with confidence.

Our Will-making service offers legal validity, clarity in asset distribution, and the ability to prevent future disputes within families. Whether you want to safeguard your children’s future, distribute property fairly, or nominate executors and guardians, we provide end-to-end support with a hassle-free and secure process.

With IndiaFilings, creating a will is no longer complex or expensive. Take control of your future—start your will today and give your family the peace of mind they deserve.

What is a Will?

A Will, often referred to as a "Last Will and Testament," is a legal document that outlines your wishes regarding the distribution of your assets and the care of your dependents after you pass away.

What does a Will do?

  • A Will communicates your wishes regarding the distribution of your assets to your loved ones.
  • A Will provides clarity on the list of assets held, to ensure your money doesn't end up in unclaimed accounts.
  • A Will reduces the chances of disputes and prevents legal battles among family members.
  • A Will enables you to make key decisions regarding who should be the Guardian of your minor children, and Executor of your estate, among other things.

What happens without a Will?

If an Indian passes away without leaving a Will, it is known as "intestate death". Your estate will become subject to the Indian Succession Act, the Hindu Succession Act, and multiple other complex personal laws. These laws decide who your beneficiaries or legal heirs will be, in what proportion your assets will be distributed, and who will be the Guardian of your children.

The Basics of Making a Will in India

The points below constitute the basic requirements needed to make a Will in india

  • The person writing the Will (Testator) must be at least 18 years of age
  • The Testator must create the Will voluntarily, of his or her free will, and without any undue influence from others.
  • The testator should be of sound mind and lucid at the time of creating the Will. He or she should understand the effect of the wishes outlined in the Will.
  • It is important to appoint a trusted person as the Executor of your Will. He or she will be responsible for carrying out the wishes as per your Will after your demiseThe Will must be signed by the Testator in the presence of at least two witnesses. Ideally the witnesses should not be beneficiaries of interest in the Will.
  • Each of the two witnesses must also sign the Will to acknowledge its validity and authenticity. Witnesses must be of legal age (18 years or older)
  • A valid Will does not have a prescribed format in India. However, practically, a Will should include certain declarations by the Testator, personal and family details, asset list, beneficiary details, wishes, etc.

Create a Legally Valid Will Today with IndiaFilings!

Ensure your wishes are honoured and your assets are distributed according to law. Create a legally valid Will today with IndiaFilings - secure, enforceable, and fully compliant with Indian succession laws. Safeguard your family’s future and avoid disputes by formalising your Will now.

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Frequently asked questions

Common questions about Will Drafting & Registration Services.

As per Indian laws, a nominee is only a trustee or custodian of an asset. That means, a nominee only holds assets on behalf of the beneficiary. Following a demise, the nominee does not become the rightful owner. Instead, a nominee will only act as the trustee of the assets until the legal heir(s) is/are established as per the Will or as per the applicable Succession Laws in the absence of a Will. Thereafter, the nominee has to transfer the properties to the rightful legal heirs. If you wish for your nominee to be a beneficiary then please ensure they are aligned in your Will.
It is advisable to store your Will at a safe and secure location where your family can easily find it after your death. Never keep a Will in your own bank locker, as access to the locker will not be possible without furnishing the original Will. If necessary, It may be kept in the safe custody of a trusted person or with professionals like custody agents, bankers, or solicitors who will take the necessary steps to inform the executor after your death. The Executor (and even Beneficiaries) must be informed about the place where the Will has been kept. If they are unaware, then the Will might never be found.
You can do this but it does not make the Will clear to your executor/beneficiaries.. The purpose of listing all your assets is so that your beneficiaries are aware of what assets exist, and where to find them. Think of a Will as a map to your assets - without that information, your beneficiaries might as well not have a Will.
No, it is not mandatory for a Witness to read the contents of the Will before signing. By signing the Will, the Witness only confirms that you have signed your Will in his/her presence. The purpose of having a Witness is to ensure that the Testator has the mental capacity and intent to make a Will. He or she should be able to testify to this fact before the court, should the Will get challenged.

Picking the right Executor can help ensure the prompt, accurate distribution of your estate while minimising the potential for conflict and objections. Hence, you should keep the following things in mind while choosing your Executor:

  • Number of Executors: While you could appoint more than one Executor, it is always advisable to minimise the number of Executors (not more than two acting jointly at any point). That said, you could nominate any number of alternate or back-up Executors in your preferred order of priority should the person you initially nominated predecease you, become incapacitated, or decline to act as an Executor. You can also appoint a professional Executor.
  • Qualities that the Executor must possess: The key qualities that your executor must possess are honesty, trustworthiness, good communication skills, and the ability to deal with the complexities of administering your estate.
  • Get consent from your Executor: An important consideration when selecting an Executor is their availability. Therefore, you should always seek the consent of the person you nominate as your executor to avoid the potential of the person declining the responsibility after your demise.
  • Fees of the Executor: If you choose a family member or friend to be the Executor of your Will, they may not charge a fee (although the expenses of administering the estate will be charged to the estate prior to any distributions). However, if you choose a professional Executor, then a portion of your estate may be charged as fees (typically 1%-5% of the estate).
  • Location: Another basic consideration is the Executor's location. Things such as court appearances, checking physical mail, meeting authorities, property maintenance, etc. can be considerably more difficult if the Executor does not live near where the majority of your assets are located.
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Yes, your share in a Hindu Undivided Family (HUF) can be bequeathed.
Yes, ownership as a proprietor in a proprietorship firm or shares owned in a company can be bequeathed in a Will. For sa hare in a partnership firm/ LLP as a Partner, it is allowed to be bequeathed subject to conditions, if any, in the Partnership Deed.
Yes. It is recommended to clearly list all joint property titles to avoid unnecessary disputes.
Properties situated in foreign countries are governed by local laws in those countries and the procedure to enforce a Will in such countries could be different from that of India. Therefore, it is advisable to prepare separate Wills for each jurisdiction (or country) to avoid any delay or hassles in the transfer of assets to the Beneficiaries.
You can amend/make a new Will as many times as you want. It is important to keep your Will updated at all times. If you do not update your Will after major life events, it may not reflect your wishes under new circumstances. When making a new Will, your old Will will be revoked. You can also amend the existing Will by way of a Codicil. A Codicil is like an amendment or addition to your existing Will. For a codicil to be valid, it must be signed, dated, and witnessed just like a legal Will. After you change your Will, it is suggested that you destroy the hard copies of any previous Wills. Even though the previous Wills are no longer legally enforceable, destroying them will ensure that there is no scope for debate or confusion in the future.