A will made by a Hindu, Buddhist, Sikh or Jain is governed by the provisions of the Indian Succession Act, 1925. A will or testament is a legal document by which a person, the testator, expresses his/her wishes as to how their property is to be distributed after death, and names one or more persons, the executor, to manage the property until its final distribution. For the devolution of property not disposed of by will.

Though it has at times been thought that a “will” was historically limited to real property while “testament” applies only to dispositions of personal property (thus giving rise to the popular title of the document as “Last Will and Testament”), the historical records show that the terms have been used interchangeably. Thus, the word “will” validly applies to both personal and real property. A will may also create a testamentary trust that is effective only after the death of the testator.

Wills are defined under Section 2(h) of Indian Succession Act, 1925 which says that “Will” means the legal declaration of the intention of a person with respect to his property, which he desires to take effect after his death”.

A Will is the legal document of a man’s wish which comes into its legal existence after death, or it is an instrument by which a person makes statement of his property to take effect after his death.

A last will and testament is a legal document that communicates a person’s final wishes pertaining to possessions and dependents. A person’s last will and testament outlines what to do with possessions, whether he is leaving them to another person or group or donating them to charity, and what happens to other things for which he is responsible, such as custody of dependents and accounts and interests management.

There is no particular formula for drafting a Will. The most important need for a Will is that the intentions of the testator should be clear and written explicitly in a Will.

Details – Name, age, address details of the person making the Will

Declaration – A Will is a declaration. A Will is by which a living person declares his desires or intentions.

Intention– A Will is a declaration of intention of the person making the Will.

Property of will – A Will can only be made with respect to the property that the testator owns or has rights over. The complete details of the properties which is subject matter of will.

Beneficiary–Details of each and every beneficiary like name, age, address, relationship of the beneficiary with the Testator is good to mention in the will.

Guardian for Minors – If the Testator wishes to give his property to any beneficiary who is a minor, then definitely he should appoint a guardian who will take care of the minor’s property till the minor attains majority.

Executor of the Will – The Testator should appoint an Executor to his Will. An Executor is a person who shall implement the Will after the Testator’s death.

Signature and Date – The Will should be clearly dated and signed by the Testator at the place in the document just below the last sentence in the document.

Exclusions – The Testator cannot give any property that is joint family property or ancestral property that is common to many other members too.

Section (e) of Registration Act, 1908 provides a list of documents for which registration is optional. Wills are covered under (e) of the said section 18. Registration of Wills is not compulsory and depends on the choice of the testator. A registered Will provides strong legal evidence against challenges about the mental capacity of the testator to make a Will. Registration reduces the chances that the Will may be challenged as being a forgery.

The testator may make a fresh Will revoking the registered Will and declaring the provisions of the fresh Will as his final desires. Even if the fresh Will is unregistered, the fresh Will shall prevail over the registered Will.

A testator can change his Will at any time in any manner during one’s lifetime. A Will, obtained by force, coercion or undue influence is a void. A Will can be made at any time in the life of a person. There is no limit on how many times a Will can be made but only the last Will made before the death is enforceable. A Will has to be executed by the testator, by signing or affixing thumb impression on it. It should be attested by two or more witnesses.

Any movable or immovable property can be subject matter of will by its maker, that property must be a self acquired property of that person and it should not be an ancestral property of the testator. As per Section: 30 of ‘Hindu Succession Act, 1956’ any Hindu may by will or other testamentary disposition give any property.

Place of making a Will is of no importance. It is the intention of the person executing the will is of all the consequences and the place where the will is made is of no importance. A person living outside the borders of India, need not come here to make a Will as per Indian laws. The only care that one ought to take is about movable and immovable properties as discussed above. A person living in any part of the world but having Indian domicile may execute a Will at any place in the world under the laws of India for bequeathing one’s immovable properties in India and movable properties in every part of the world. It may also be pointed out that the witnesses attesting a Will under Indian laws need not be Indian citizens or Indian residents or Hindus.

According to Section 2 of the Indian Succession Act, 1925, Probate means “the copy of a Will certified under the seal of a court of competent jurisdiction with a grant of administration of the estate of the testator”. It is nothing but a decree passed by a competent court declaring the legality/correctness and genuineness of the Will of the deceased.

All Wills can be revoked, either impliedly or expressly, either by conduct or by a specific document.

A registered will can be challenged in a court of law and Grounds For Challenging A Will Registered Or Unregistered are Fraud, Coercion, Undue influence, Suspicious nature, Lack of due execution, Lack of testamentary intention, Lack of testamentary capacity, Lack of knowledge and approval, Forgery and Revocation.

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