Will
A signed, witnessed document saying who gets your money and property after you die.
A will is a written document that says who gets your money and property after you die. You sign it and two witnesses attest it. It works alongside your nominees: they collect the money, and the will decides who keeps it.
What makes it valid
A will does not need a lawyer, a stamp or fancy language to be valid. Under section 63 of the Indian Succession Act, you sign the document (or make your mark), and at least two witnesses attest it, each having seen you sign and each signing in your presence. Keep it clear and specific: list your assets, say who gets each, and avoid vague wording that invites a dispute. You can change it any time by writing a new one.
Will versus nominee
This is the distinction people most often get wrong. A nominee is only a receiver: the bank, fund or insurer hands the money to the nominee quickly, but the nominee holds it for whoever the will, or succession law, says truly inherits. The will is what actually decides ownership. So a nominee is not a substitute for a will; you want both.
Executor and registration
Name an executor to carry out the will, someone organised you trust. Registration is optional: a properly signed and witnessed will is valid without it, though registering can make it easier to prove. Our lesson on writing a will walks through the steps; see also will registration.
Questions people ask
What makes a will valid in India?
Under section 63 of the Indian Succession Act, you sign the will or put your mark on it, and at least two witnesses attest it, each having seen you sign or had you acknowledge the signature, and each signing in your presence.
Is a nominee the same as the person named in a will?
No. A nominee collects money from a bank or fund and holds it for the legal heirs. The will decides who those heirs are and who finally keeps the money.
Do I need to register my will?
No, registration is optional. A properly signed and witnessed will is valid without it, though a registered will can be easier to prove if someone disputes it.
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