# Will Drafting

> A will in India must be in writing, signed by the testator and attested by two witnesses who see the signing, under Section 63 of the Indian Succession Act. Registration isn't compulsory but makes the will harder to challenge. Probate is compulsory only for certain wills — mainly those relating to property within the original limits of Mumbai, Chennai and Kolkata. There is no inheritance tax in India.

Practice: Legal Documents & Agreements — https://www.industax.com/services/legal-documents/

A will should name an executor, list assets clearly (including bank accounts, demat holdings, property, business interests and assets abroad), appoint guardians for minor children, and explain unequal distributions to reduce disputes. Nominations in bank and demat accounts don't override a will — nominees hold the asset for the legal heirs.

For business owners we align the will with shareholders' and partnership agreements; for NRIs, we consider whether separate wills are needed for assets in other countries.

## Key facts

| Item | Detail |
| --- | --- |
| Law | Indian Succession Act 1925 (Section 63) |
| Witnesses | Two attesting witnesses |
| Registration | Optional |
| Probate | Compulsory only in specific cases |
| Inheritance tax | None in India |

## Who needs this

- Anyone with property, investments or dependants
- Business owners and NRIs
- Families with blended or unequal inheritance plans

## What's included

- Will drafting
- Asset schedule
- Execution and witnessing guidance
- Registration support

## Documents

- List of assets and liabilities
- Beneficiary and executor details
- Existing nominations

## Process

1. **Map** — Assets and wishes documented.
2. **Draft** — Will prepared and reviewed.
3. **Execute** — Signed before two witnesses; registered if chosen.

## FAQs

### Can a beneficiary be a witness to the will?

They can witness, but a bequest to an attesting witness (or their spouse) is void under Section 67, so beneficiaries should not be witnesses.

### Does a nominee get the money instead of the heirs?

Generally no. A nominee receives the asset to hold for the legal heirs or the will's beneficiaries, with a narrow exception for shares under company law as interpreted by some courts. The will decides who ultimately gets it.

### Can I change my will later?

Yes. A will can be revoked or changed at any time by a new will or a codicil, executed with the same formalities.

## Official sources

- India Code — central Acts: https://www.indiacode.nic.in/

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Canonical page: https://www.industax.com/services/legal-documents/will-drafting
Publisher: Indus Tax — CA-led tax and compliance firm (https://www.industax.com). Contact: info@industax.com, 9059139258.
This is general information, not advice for your specific facts.