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What is a Will?

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What is a WILL ?

A will is a legally binding document that outlines an individual's wishes for the distribution of their assets and property after their death. It serves as a roadmap for the executor, who is responsible for carrying out the instructions laid out in the will. A properly drafted will can help ensure that your loved ones are provided for and that your assets are distributed according to your desires. It can also minimize the risk of family disputes and legal challenges after your passing. In addition to specifying the distribution of assets, a will can also be used to nominate guardians for minor children, establish trusts for beneficiaries, and outline funeral or burial preferences. While it may be tempting to put off creating a will, it is an essential part of any comprehensive estate plan and can provide peace of mind knowing that your final wishes will be carried out.

Contents of a Will?

It is important to have a clear, well-drafted Will that accurately reflects your wishes and intentions, and is compliant with the laws, following can be the key contents of WILL:

Details of Maker: Details such as name, age, address, etc. to identify the maker.
Legal declaration: The declarations made by the maker in the will must be legal.
Intention: The will must clearly reflect the future intentions of the maker, i.e. how he wishes his property to be distributed amongst the beneficiaries.
Beneficiary details: The details such as name, age, address etc. to identify the beneficiaries.
Execution after death: The will must capture the intention of the maker that he wants the will to be executed after his death.
Minors: In case, the maker wants to bestow any property upon a minor, he must also appoint a guardian who will take care of minor’s property after the death of the minor.
Executor: The maker should also appoint an executor of his will who will execute the will after the death of the maker.

Laws governing Will in India

The different laws which govern various aspects of Will in India are as follows:

Indian Succession Act, 1925
Hindu Succession Act, 1956
Hindu Undivided Family and Hindu Partition Act of Property, 1892
The Muslim Personal Law (Shariat) Application Act, 1937
Transfer of Property Act, 1882
Stamp Duty Act (State specific)
Registration Act, 1908

Why Lawyaar?

Senior Expert Lawyers: We will get your document drafted/reviewed by Senior Expert lawyers, skilled in Succession Laws. You can track the progress of your document on our platform at all times.
4.5 Customer Score: Clients are delighted with our service! They have consistently rated us high because of our focus on delivering quality output and providing regular updates.
Responsible Delivery: Our team of experienced business advisors are just a phone call away. Our team will ensure that your interaction with the expert lawyer is smooth and seamless and the document draft is delivered to you within the committed timeline.

Frequently Asked Question

The Muslims are governed by their personal laws, and not the Indian Succession Act, 1925. Therefore, the general rule under Muslim personal laws in India is that a Muslim may, by his will, dispose of only up to one-third of his property which is left after payment of funeral expenses and debts without the consent of his heirs.

No, its not mandatory to register a will. However, if it is registered with the sub-registrar under the Indian Registration Act, 1908, it reduces the chances of being challenged after the death of the maker.

Yes. It serves as an advantage as the video recording of the making of a will is admissible for evidence under the Evidence Act, 1872, and the same can be used to disprove allegations of will being fraudulent.

Yes. Will can be cancelled, revoked and replaced throughout the lifetime of the maker.

Having a will is important because it ensures that your assets are distributed according to your wishes, minimizes the risk of family disputes, and can help to minimize estate taxes and legal fees.

If you die without a will (known as dying "intestate"), your assets will be distributed according to the laws of intestacy in your state. This may not align with your wishes and can lead to family disputes and increased legal fees.

A will typically covers assets that are solely owned by the deceased, such as bank accounts, real estate, and personal possessions. Assets that are jointly owned or have designated beneficiaries (e.g., life insurance policies) may not be covered by a will.

Yes, you can change or update your will at any time as long as you are of sound mind. It's important to review your will periodically and make updates as necessary to reflect changes in your life circumstances or wishes.

An executor is a person named in the will who is responsible for carrying out the instructions in the will, paying any debts or taxes owed by the estate, and distributing assets to the beneficiaries.

Witnesses to a will must be legal adults who are not beneficiaries of the will. In most states, two witnesses are required to sign the will in the presence of the person making the will (the testator).

A trust is a legal arrangement in which assets are held and managed by a trustee for the benefit of the beneficiaries. Trusts can be used in conjunction with a will or as an alternative to a will in some cases. Trusts can offer more privacy and flexibility than wills and can help to avoid the probate process.

Probate is the legal process of validating a will and distributing assets to beneficiaries. The length of the probate process can vary depending on the complexity of the estate and the laws of the state, but it can take several months to a year or more.

While it is possible to write your own will, it's generally recommended to seek the assistance of a qualified estate planning attorney to ensure that your will is legally valid and comprehensive.

It's a good idea to review your will every few years or after major life events (e.g., marriage, divorce, birth of a child) to ensure that it still reflects your wishes. If necessary, you can update your will by creating a new will or by adding a codicil (amendment) to your existing will.

What our users have to say

I was worried that my children might face disputes after my lifetime because my assets were spread across properties and bank accounts. Lawyaar drafted a clear, legally valid Will covering everything in one place.

Suresh Malhotra, Delhi

I had minor children and wanted to appoint a guardian legally. Lawyaar included guardianship clauses in my Will and explained their legal effect patiently.

Pooja Agarwal, Jaipur

I wanted to leave assets unequally among heirs due to personal reasons but feared legal challenges. Lawyaar structured the Will carefully to reduce the risk of disputes.

Abdul Rahman, Hyderabad

I had inherited ancestral property and wasn’t sure how to include it in my Will. Lawyaar verified the ownership details and drafted clauses accordingly.

Mahendra Singh, Udaipur

I am a senior citizen and wanted a simple but legally strong Will. Lawyaar avoided complex language and ensured everything was easy to understand

Vimala Krishnan, Coimbatore

I wanted to change an old Will drafted years ago after family circumstances changed. Lawyaar helped me revoke the previous Will and create a new one correctly.

Ritu Saxena, Ghaziabad

I own both movable and immovable assets, including shares and mutual funds. Lawyaar ensured all asset classes were properly covered in the Will.

Ankur Mehta, Ahmedabad

I was confused about whether registration of a Will is mandatory. Lawyaar clarified the law and guided me on optional registration for added safety.

Joseph Mathew, Kochi

I wanted to name an executor who lives in another city. Lawyaar drafted the executor clauses clearly and explained their responsibilities.

Nandita Bose, Kolkata

I was concerned about confidentiality and family sensitivity. Lawyaar handled my Will drafting discreetly and professionally, which gave me peace of mind.

Prakash Kulkarni, Nagpur

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What is a Will?

How It Works

Choose the Service

Discussion Call

Drafting and Review

Final WILL Delivery

What is a WILL ?

Contents of a Will?

Laws governing Will in India

Why Lawyaar?

Frequently Asked Question

How can a Muslim distribute his property by making a Will?

Does a Will require to be registered?

Can maker be video recorded while making the Will?

Can Will be cancelled?

Why is it important to have a will?

What happens if I die without a will?

What assets are covered by a will?

Can I change or update my will?

What is an executor, and what do they do?

Who can be a witness to a will?

What is a trust, and how does it differ from a will?

What is probate, and how long does it take?

Can I write my own will, or do I need a lawyer?

How often should I review and update my will?

What our users have to say

Suresh Malhotra, Delhi

Pooja Agarwal, Jaipur

Abdul Rahman, Hyderabad

Mahendra Singh, Udaipur

Vimala Krishnan, Coimbatore

Ritu Saxena, Ghaziabad

Ankur Mehta, Ahmedabad

Joseph Mathew, Kochi

Nandita Bose, Kolkata

Prakash Kulkarni, Nagpur

Property Documents

Will

₹5999

Deliverables *

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