Make a Will

A Will is the most important legal document an individual can execute — and the most under-prepared. By 2026, despite rising wealth, NRI estates, blended families, business succession needs, and complex asset profiles (real estate, shares, mutual funds, crypto, IP, foreign assets), a vast majority of Indians die intestate. The result: families litigate for years, assets get frozen, banks demand succession certificates, real estate cannot be transferred, businesses lose key-person stewardship. A properly drafted Will avoids all of this — it transfers assets exactly as the testator intended, names guardians for minor children, appoints executors, creates trusts where needed, and provides a clear, court-recognised path to title.

The legal architecture: Indian Succession Act 1925, Sections 57-191 for Hindus, Buddhists, Sikhs, Jains, Christians, Parsis (testamentary succession applies); Mohammedan Law for Muslims (governed by personal law — testamentary disposition limited to one-third of estate without consent of heirs); Section 63 ISA requires the Will to be in writing, signed by the testator, and attested by two witnesses present at signing; no stamp duty on a Will (and zero stamp duty on registration); registration is voluntary under Section 18 of the Registration Act 1908 but recommended for evidentiary strength; probate is mandatory in the original civil jurisdictions of Mumbai, Kolkata, and Chennai (Section 213 ISA); Section 263 ISA governs revocation; holograph wills (entirely in testator's handwriting) are valid but evidentiarily weaker than typed-and-attested wills.

We draft, witness, register and probate Wills end-to-end — for individuals with simple estates, NRI testators with assets in multiple jurisdictions, business owners with succession plans for promoter shareholdings, parents with minor children needing guardianship, and complex blended families with multiple beneficiaries — all with the statutory rigour Section 63 demands and the strategic flexibility a modern estate plan requires.

What Every Properly Drafted Will Settles

• Identification of Testator & Capacity:: Full name, age, address, sound mind / disposing capacity declaration; Section 59 ISA — major, of sound mind, not under coercion / undue influence; medical certificate where age or capacity may be challenged.

• Revocation of Prior Wills:: Express revocation of all prior wills and codicils — avoids ambiguity over multiple wills; Section 70 ISA — later will revokes earlier inconsistent provisions.

• Schedule of Assets:: Comprehensive list — immovable property (with title document references), bank accounts, fixed deposits, demat / mutual funds, insurance, EPF / NPS / PPF, business interests, IP, foreign assets, crypto, jewellery, art — categorised and identified; nominee status separately mapped (nominee is custodian, not heir, post-Shakti Yog).

• Specific & Residual Bequests:: Specific bequests (X to A, Y to B); residual clause (everything else to Z); contingent / alternative bequests if a beneficiary predeceases.

• Executor Appointment:: One or more executors with succession path; powers (to sell, distribute, manage, pay debts); remuneration / no-remuneration; protection from personal liability for good-faith acts.

• Guardianship for Minor Children:: Guardian of person and property for any minor children; alternate guardian; testamentary guardian rights under Hindu Minority and Guardianship Act 1956 / Guardians and Wards Act 1890.

• Testamentary Trust (Where Needed):: Trust for minor children, special-needs beneficiaries, conditional bequests, business succession; trustees, beneficiaries, terms — drafted into the Will.

• Attestation Discipline:: Two witnesses, both present when testator signs, both signing in testator's presence, neither a beneficiary or beneficiary's spouse (Section 67 ISA); witness identification with PAN / Aadhaar.