
WHY A WILL
The shortest document you will ever sign, and the one that matters most
A will takes an afternoon to get right and decades to untangle when it is wrong. Here is what it does, and what to have ready before you make one.
TWO OUTCOMES
The same family, decided two ways
Without a will, the law has a formula and applies it. With one, your own instructions take its place.
WITHOUT A WILL
The statute’s formula
WITH A WILL
Your own instructions
BENEFITS
What a will actually buys you
Not tax savings, and not secrecy. Certainty, speed and the absence of argument.
You decide, not a statute
Without a will your estate is divided by intestate succession — a fixed formula set by the personal law that applies to you. It cannot account for a dependent parent, a child with special needs, or a promise you made years ago.
Your family is spared the paperwork
Heirs without a will spend months collecting heirship and succession certificates before a bank will release a balance or a registrar will transfer a title. A valid will shortens that considerably.
Fewer grounds to fight over
Most inheritance disputes begin in ambiguity — an unrecorded intention, an asset nobody knew about, an heir who expected more. Writing it down closes those gaps before they open.
Guardians for children who need them
A will is where you appoint a guardian for a minor, and where you can set up a structure to look after someone who cannot manage their own affairs.
An executor who knows what to do
Naming an executor gives someone clear authority to gather the estate, settle debts and distribute what remains, instead of leaving the family to agree on who acts.
Assets that would otherwise be missed
Digital accounts, small deposits, unlisted shareholdings and policies with outdated nominations are routinely lost simply because nobody knew they existed.
WHAT MAKES IT VALID
Six formalities. Miss one and the document may not survive challenge.
These come from the Indian Succession Act, 1925, and apply whichever personal law governs your succession. Muslim wills follow a different framework — see legal validity and compliance.
- 01
You must be of sound mind and at least eighteen years old.
- 02
The will must be in writing. Oral wills are not valid, except for the privileged wills available to soldiers, airmen and mariners in active service.
- 03
You must sign or mark it, and you must do so intending to give effect to the will.
- 04
Two witnesses must attest, each having seen you sign, and each signing in your presence.
- 05
A witness must not be a beneficiary, nor married to one — a bequest to an attesting witness fails, even though the will itself stands.
- 06
A codicil that alters a will must satisfy exactly the same formalities as the will.
CHECKLIST
What to gather before you start
You do not need all of this to begin a conversation with us. You will need most of it before a will is finalised.
Immovable property
- Title deeds, sale deeds or allotment letters
- Khata, mutation records and property tax receipts
- Encumbrance certificates where available
- Agricultural land details, which carry their own restrictions
Financial assets
- Bank accounts, deposits and the nominations recorded on them
- Demat holdings, mutual funds and bonds
- Life insurance policies and their nominees
- Provident fund, gratuity and pension entitlements
Business and other interests
- Shareholdings in private companies, and the articles that govern transfer
- Partnership or LLP interests
- Intellectual property, royalties and licences
- Interests held jointly or through a HUF
Movable and digital assets
- Jewellery, vehicles and valuables worth naming
- Bank lockers and what is in them
- Digital accounts, domains and cryptocurrency holdings
- Loans owed to you, and any outstanding liabilities
People
- Beneficiaries, with full names and how they are related to you
- An executor, and an alternate in case the first cannot act
- A guardian for any minor or dependent who will need one
- Two witnesses who take nothing under the will
Start with a will
Tell us about your family and what you own. We will tell you what your will needs to say, and whether anything else is worth doing.


