What Is a Will?

A will is a legal declaration by which a person (called the testator) expresses how their property and belongings should be distributed after their death.
It becomes effective only upon the death of the person making it.

Legal Definition

Under Section 2(h) of the Indian Succession Act, 1925,

“Will” means the legal declaration of the intention of a testator with respect to his property which he desires to be carried into effect after his death.

This means a will records the final wishes of a person regarding their assets — and serves as a legally recognized guide for their execution.

Essential Features of a Will

1. Made voluntarily – A will must be created by the testator’s free will, without coercion, undue influence, or fraud.

2. Applies after death – It has no effect during the lifetime of the testator.

3. Revocable – The testator can change or cancel the will at any time before death.

4. Covers property and rights – A will can include movable and immovable property, money, investments, jewellery, and even digital assets.

5. Requires attestation – It must be signed by the testator and attested by at least two witnesses (as per Section 63 of the Indian Succession Act, 1925).

Purpose of a Will

A will ensures that:

• Property is distributed as per the testator’s personal wishes, not as per default succession laws.

• Family disputes are minimized after death.

• Dependents and beneficiaries are clearly identified and protected.

• The estate is legally transferred through a simple, documented process.