Who Can Make a Will?

Under Section 59 of the Indian Succession Act, 1925, the following rules apply:

1. Any person of sound mind and not a minor can make a will.

   • The minimum age is 18 years (or 21 years if governed by the Indian Majority Act for certain cases).

   • The testator must have a sound and disposing mind — meaning they understand the nature and effect of their actions when making the will.

2. Persons with temporary insanity or intoxication cannot make a will while in that state.
   However, if they regain sanity or sobriety, they can do so then.

3. Blind, deaf, or dumb persons can make a valid will if they are capable of understanding what they are doing.
   The key requirement is mental capacity, not physical ability.

4. Persons ordinarily excluded — e.g., minors, persons under coercion, or those lacking mental capacity — cannot make a valid will.

How to Make a Will in India

A will does not require a lawyer or stamp paper, but professional assistance ensures clarity and legal compliance, especially when multiple assets or heirs are involved. To ensure a will is legally valid and easily provable, write it clearly  following these essential steps:

1. Clearly identify the testator and assets
   Mention full details — name, age, address, and a clear list of assets (movable and immovable). Avoid ambiguity.

2. Appoint an executor
   The executor will ensure that the directions in the will are carried out after the testator’s death. (Although not mandatory, it is highly recommended.)

3. Name the beneficiaries
   Specify who will receive what — clearly allocate shares or describe specific properties to prevent disputes.

4. Declare the revocation of previous wills
   Include a statement revoking all earlier wills to avoid confusion.

5. Sign and attest the will

   • The will must be signed by the testator.

   • It must be attested by at least two witnesses who see the testator sign or acknowledge the signature (as per Section 63 of the Act).

   • Each witness should sign in the testator’s presence.

6. Optional: Register the will
   Registration is not mandatory, but doing so under the Registration Act, 1908 (Section 40) adds authenticity and reduces the risk of tampering or dispute.

7. Keep the will safe
   Store the will in a secure place — at home, with a trusted person, or deposit it with the Registrar under Section 42 of the Registration Act.

Who Can Be a Witness to a Will?

A witness to a will is someone who observes the testator (the person making the will) sign or affix his/her mark on the document and then signs the will themselves to confirm that they witnessed this act.
Witnesses are crucial because their signatures legally authenticate the execution of the will.

Legal Requirements under the Indian Succession Act, 1925

According to Section 63(c) of the Act:

• A will must be attested by at least two witnesses.

• Each witness must have seen the testator sign the will, or must have received a personal acknowledgment from the testator that it was signed by him.

• Each witness must sign the will in the presence of the testator (though both witnesses need not sign at the same time).

These witnesses confirm that the will was made voluntarily and genuinely by the testator.

Who can become a Witness?

Any competent adult can be a witness, provided they:

1. Are of sound mind;

2. Can understand the nature of the act; and

3. Are capable of giving evidence in court if required.

There is no legal bar on relatives, friends, or associates acting as witnesses. However, to avoid later disputes, it is advisable not to choose beneficiaries (people who will inherit under the will) as witnesses.

Can a Beneficiary Be a Witness?

Yes — but with an important qualification under Section 67 of the Act:
A will attested by a beneficiary (or their spouse) remains valid, but the gift or legacy given to that beneficiary becomes void.
This means the person can still act as a witness, but they lose their right to inherit under that will.