A Will in India is governed by the Indian Succession Act, 1925, primarily under Section 2(h) and Sections 59 to 63. A Will is defined as a legal declaration of a person’s intention concerning the distribution of their property after death. ✅ Essentials of a Valid Will For a Will to be legally validRead more
A Will in India is governed by the Indian Succession Act, 1925, primarily under Section 2(h) and Sections 59 to 63.
A Will is defined as a legal declaration of a person’s intention concerning the distribution of their property after death.
✅ Essentials of a Valid Will
For a Will to be legally valid in India, it must satisfy the following conditions:
1. Capacity of the Testator
As per Section 59 of the Indian Succession Act:
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The person must be 18 years or older.
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The person must be of sound mind at the time of making the Will.
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A person who is insane may make a Will only during lucid intervals.
2. Voluntary Intention
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The Will must be made voluntarily, without coercion, undue influence, fraud, or pressure.
3. Written Document
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Though oral Wills (called nuncupative Wills) are allowed in rare customary cases (especially among soldiers or armed personnel), a written Will is always advisable.
4. Signature by the Testator (Section 63(a))
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The Will must be signed or thumb-marked by the testator.
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The signature should appear in such a way that it indicates the testator’s intention to give effect to the Will.
5. Attestation by Two Witnesses (Section 63(c))
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The Will must be attested by at least two witnesses.
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Both witnesses must:
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See the testator sign the Will.
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Sign the Will in the presence of the testator.
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Witnesses need not read the contents of the Will.
6. Date and Place (Though Not Mandatory, Highly Recommended)
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Though not legally required, it’s advisable to mention the date and place where the Will is executed to avoid disputes and ensure clarity.
7. Registration (Optional but Useful)
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A Will need not be registered under the Registration Act, 1908.
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But registering a Will with the sub-registrar enhances its authenticity and legal strength, especially in case of disputes.
Under the Indian Succession Act, 1925, a testator (person making the Will) has full legal right to revise, modify, or revoke their Will any time before their death, provided they are of sound mind and acting voluntarily. Two Legal Ways to Revise a Will ✅ 1. By Making a Codicil A Codicil is a supplemRead more
Under the Indian Succession Act, 1925, a testator (person making the Will) has full legal right to revise, modify, or revoke their Will any time before their death, provided they are of sound mind and acting voluntarily.
Two Legal Ways to Revise a Will
✅ 1. By Making a Codicil
A Codicil is a supplementary legal document used to modify, add to, or revoke part(s) of an existing Will.
It should:
Refer clearly to the original Will.
Be signed by the testator.
Be attested by two witnesses, just like a Will.
Example use: “I wish to change the executor named in my Will dated 5th June 2020. Instead of Mr. X, I now appoint Mr. Y.”
✅ Advantage: Simple way to make small changes.
✅ 2. By Making a New Will
If changes are major (e.g., change in property, beneficiaries, or intentions), it is advisable to:
Draft a completely new Will.
Clearly revoke all previous Wills and codicils.
Sign the new Will in the presence of two witnesses.
(Optional but recommended) Register the new Will under Section 40 of the Registration Act, 1908, to avoid disputes.
Important Legal Tip:
Simply tearing or destroying the old Will without creating a new one can cause confusion and disputes.
Is Registration of Revised Will Mandatory?
No, registration is not mandatory, but it gives stronger legal evidence of authenticity and prevents tampering.
Conclusion:
You can revise your Will:
For minor changes → Use a Codicil.
For major changes → Draft a New Will with revocation clause.
Both must follow the same execution process — signed by the testator in presence of two witnesses.
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