In India, a will is a legal document that allows a person to specify how his or her assets and properties should be distributed after his or her death. The legal requirements for a will in India are governed by the Indian Succession Act, 1925.
The legal requirements for a will are as follows:
- Testamentary capacity: The testator (person making the will) must be 18 years or older. To create a valid will in India, the person making the will must have a sound mind, meaning that the person must be capable of understanding the nature and effects of creating a will. The testator must be at least 18 years old. The will must be in writing, either typed or handwritten, and signed by the testator or someone else in the testator’s presence and by the testator’s direction. The will must also be attested by at least two witnesses who must sign in the presence of each other and the testator.
- Free will: The will must be made voluntarily and without any coercion or undue influence from others.
- In writing: The will must be in writing and signed by the testator or someone else in his or her presence and by his or her direction. The will must also be attested by at least two witnesses.
- Registration: While registration of a will is not mandatory, it is advisable to register the will with the sub-registrar of assurances to avoid any disputes in the future.
- Clear and unambiguous: The will must be clear and unambiguous in its terms, and it should not be contradictory or vague. It should clearly specify the beneficiaries and the assets to be distributed among them.
- Revocability: A will can be revoked or altered by the testator at any time before his or her death, as long as the testator has the testamentary capacity to do so. It can be done either by executing a new will or by making a codicil to the existing will.
It is important to note that inheritance laws in India differ based on religion, and in some cases, personal laws may apply. Therefore, it is advisable to seek legal advice from a qualified lawyer while making a will to ensure that it is legally valid and enforceable.
