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:

• The person must be 18 years or older.

• The person must be of sound mind at the time of making the Will.

• A person who is insane may make a Will only during lucid intervals.

2. Voluntary Intention

• The Will must be made voluntarily, without coercion, undue influence, fraud, or pressure.

3. Written Document

• 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))

• The Will must be signed or thumb-marked by the testator.

• 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))

• The Will must be attested by at least two witnesses.

• Both witnesses must:

  • See the testator sign the Will.

  • Sign the Will in the presence of the testator.

• Witnesses need not read the contents of the Will.

6. Date and Place (Though Not Mandatory, Highly Recommended)

• 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)

• A Will need not be registered under the Registration Act, 1908.

• But registering a Will with the sub-registrar enhances its authenticity and legal strength, especially in case of disputes.