Why is making a will important in India even if you have nominees?

A nomination is not the same as a will. Nominees in most cases are custodians of assets for the legal heirs, not owners. Without a will, your estate is distributed under the applicable personal law of intestate succession, which may not reflect your wishes and can lead to family disputes. A will gives you control over who receives what and in what proportion.

What makes a will valid under Indian law?

Under the Indian Succession Act, 1925, a will must be made by a person of sound mind and not a minor, it must be in writing, and it must be signed by the testator in the presence of at least two witnesses who also sign in the presence of the testator. Witnesses should not be beneficiaries under the will.

Does a will in India need to be registered?

Registration of a will is not mandatory under Indian law but is strongly advisable. A registered will is harder to challenge as a forgery and is preserved in the Sub-Registrar's records. In Mumbai, a will typically requires probate before it can be acted upon, whether or not it is registered.

Can you change a will after it has been made?

Yes. A will can be revoked and replaced at any time during the testator's lifetime. A new will automatically revokes all earlier wills if it contains a revocation clause. A codicil can be used to make specific amendments, though making a fresh will is generally cleaner and avoids ambiguity.

Your Loved Ones Will Thank You for the Will You Write Today

Vikrant D. Shetty

Dec 10, 2025

3 min read

Updated: Aug 26

Life moves fast, and circumstances change without notice. Families are often left guessing what their loved one actually wanted. A missing or poorly drafted Will is one of the most common reasons estates spiral into disputes, delays, and legal complications that could have been avoided.

Writing a Will is one of the most practical things you can do for the people you care about. The longer you wait, the greater the risk that those decisions get made by a court instead of by you.

Even where no dispute is expected, a Will puts your wishes in writing and creates a record of one’s assets and bequests which can be shown to third-parties (Societies, government authorities, etc.)

Good Practices that ought to be followed when making a Will:

1. Select Younger and Reliable Witnesses and Executor (s)

Your Executor must be alive and capable when the time comes to act, and witnesses may be asked years later to confirm the signing of your Will, such as at the time of applying for Probate. Choosing younger, reliable individuals increases the likelihood that they will be available when needed. Although adulthood is the only legal requirement, practicality should guide your selection.

2. Plan for the Possibility That a Beneficiary May Pass Before You

If your primary beneficiary dies before you, and your Will does not account for this, your estate may be distributed in ways you did not intend. Adding a simple line naming an alternate beneficiary ensures continuity and prevents accidental disputes among surviving relatives.

3. Always Add a Residuary Clause

It is very common to forget an asset or acquire new property after drafting your Will. Without a residuary clause, these leftover or newly acquired items can fall into legal uncertainty and cause avoidable disputes. A residuary clause simply states that any property not specifically listed should go to a chosen person. This one sentence can prevent confusion, protect your beneficiaries, and ensure that nothing slips through the cracks.

4. Consider Getting a Doctor’s Certificate or Have a Doctor as One of Your Witnesses

One of the most frequent challenges raised against Wills is the claim that the person who made it lacked mental capacity. Having a doctor give a certificate as to your soundness of mind, or having a doctor sign as one of your witnesses, especially someone familiar with mental health assessments, can help establish that you were fully aware and capable at the time of signing. This makes the Will far more resistant to future objections.

5. Sign or Initial Each Page

Initialing or signing each page is not mandatory but is highly advisable. It prevents anyone from tampering with the document or inserting new pages. This step is especially useful for typed Wills, where multiple pages can otherwise be rearranged without detection.

6. Avoid Codicils and Choose a Fresh Will Instead

Codicils are amendments to an existing Will, but they introduce risk. If the codicil is lost or separated, the original Will applies, potentially undoing important changes. When you need updates, it is far safer to draft a new Will entirely and discard the previous version. A clean, updated document avoids confusion and protects your intentions.

7. Get Professional Guidance on Storing the Will

A Will that cannot be found is as good as no Will at all. Whether you prefer privacy or accessibility, the best storage method depends on your personal circumstances. A lawyer can help you choose the safest and most practical option so your Will is both protected and discoverable when needed.

Your Loved Ones Will Thank You for the Will You Write Today

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