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.