India's #1 Compliance Partner

Will Drafting

Will drafting creates a legally enforceable document that transfers your property to your heirs in accordance with your wishes after...

Free Consultation

25,000+

Clients

200+

Certifications

25+

Years

Pan-India

Presence

Get expert consultation

Trusted by 25,000+ leading enterprises worldwide

Key takeaways

Will drafting creates a legally enforceable document that transfers your property to your heirs in accordance with your wishes after death.
In India, the Indian Succession Act, 1925 governs the making and execution of wills, alongside other procedural and registration laws.
A clear will limits the possibility of conflict among heirs, saves time and avoids agitating litigation.
Under Section 59, any person over 18 years of age and of sound mind can make a will.
Registration of a will is optional, but it increases the will’s legitimacy and makes matters easier for the courts.
Careful execution by witnesses, executor appointment and probate help bring authenticity and enforceability to the will.

Overview

What is will drafting?

A will is a legally binding document in which one party, the testator, expresses how their property and possessions are to be distributed once the testator has died. Unlike other documents, a will takes effect only upon the death of the testator, which means the testator retains full control of all property during life.

A will is more than a legal document. It is the voice of the testator and often gives guidance to loved ones long after the testator has passed.

Important characteristics of a will

It composes the last wishes of the testator and removes confusion after death
It allows reasoned decisions about distribution rather than compulsory succession laws
It can be handwritten or typewritten if legible and signed
It may be changed, revised or revoked at any time during the life of the testator
Registration is encouraged, not required, but adds to its legitimacy

Key points

Types of wills and parties involved

The Indian Succession Act, 1925 categorises wills into two broad types, and a will involves several parties, each with a particular role.

Type of will	What it means
Privileged Will	For soldiers, airmen or mariners in war-like operations or emergencies; less formal and may even be oral
Unprivileged Will	All wills that do not qualify as privileged; require signature, witnesses and often probate

Party	Role
Testator	The person who makes the will and specifies how assets are distributed
Beneficiaries	Those who receive the assets, such as family, friends or charities
Executor	A trusted person who handles the formalities of executing the will
Trustee	Oversees property held in trust, for example for a minor beneficiary
Legal Guardian	Appointed to control the property of minor children named as beneficiaries

Assets covered

What a will can include

Real property

Owned land, houses and flats.

Jewellery

Gold, silver and valuable artefacts.

Bank deposits

Fixed deposits, bonds and mutual funds.

Insurance and benefits

Insurance policies and retirement benefits such as gratuity or pension.

Intellectual property

Patents, copyrights or trademarks.

Collectibles

Paintings, antiques or heirlooms, and even digital property.

Who can make a will

Capacity and essentials of a valid will

Under Section 59 of the Indian Succession Act, 1925, any person over the age of 18 years who is of sound mind can make a will. For a will to be valid in India, it must satisfy certain conditions.

The testator must be over 18 years and of sound mind, comprehending what they are doing
A mentally ill person may make a will in a lucid moment when they can think clearly
The will must take effect only after the testator’s death, not before
It should clearly express the intention of distribution without vague language
It must be created with free consent, without fraud, coercion or undue influence
It should be capable of being revoked or altered at any point before death

How it works

How we draft and execute a will

Making a will is a structured process. We help you draft a clear document and guide you through execution and, where needed, probate.

Drafting and execution

Drafting
We prepare a clear statement of the testator’s property, beneficiaries and shares.
Witnessing
The will is signed in front of at least two independent witnesses.
Executor
An appropriate executor is appointed to carry out the wishes of the testator.
Registration
Though optional, registration solves any later question of authenticity.

Probate of a will

File the petition
After the testator’s death, the executor files a petition for probate with a list of property, beneficiaries and the will.
Court review
The court reviews the petition and holds a hearing on the validity of the will.
Grant of probate
The court issues probate, which serves as evidence that the will is valid and genuine.
Administration
The executor begins administering the will and distributing the property.

Details to include

What a will should contain

Full particulars of the testator including name, age and address
A statement of sound mind and intention
The identity of beneficiaries and their relation to the testator
The name and details of the executor along with their age
A comprehensive account of the assets and property described
The specific share given to each beneficiary and appointment of a guardian for a minor
The testator’s signature with date and location, and attestation by at least two witnesses

Laws and registration

Laws that govern wills

Indian Succession Act, 1925, the primary law on wills, probate and succession
Code of Civil Procedure, 1908, governing probate petitions and execution
Indian Registration Act, 1908, setting out optional registration of wills
Indian Stamp Act, 1899, under which wills are generally excluded from stamp duties

Related matters? See our Will Registration, Succession Certificate and Legal Heir Certificate services.

Why us

The role of diligence in drafting a will

A professional review confirms the will is drafted accurately and legal formalities are observed
It helps establish that the testator was of sound mind at the time of drafting
It checks for hidden ambiguities that might cause arguments in future
It adds weight to the document at the probate stage and helps reduce challenges by heirs
It is especially valuable where the estate has many properties, large assets or business stakes

Ready to draft your will?

Whether your estate is a home, gold, business shares or digital assets, our legal team will draft a clear, valid will and guide you through execution, registration and probate.

Talk to a legal expert

Official source

The Indian Succession Act, 1925, which governs wills, is published on India Code.

FAQ

Frequently asked questions

Is registration of a will compulsory?

No, registration is not compulsory. A registered will has more veracity and is less likely to result in disputes, but an unregistered will is also valid as long as it is executed correctly.

Who can make a will?

Only persons aged 18 years or over and of sound mind can make a will, as set out under Section 59 of the Indian Succession Act, 1925.

Can a will be handwritten?

Yes, a will can be either handwritten or typed. The most important requirements are clarity of intention and the testator’s signature.

What happens if a person dies without a will?

The property is divided according to intestate succession and the law in operation, such as the Hindu Succession Act, 1956 or Shariat law. Personal wishes are not taken into account.

What is probate and how long does it take?

Probate is a court’s confirmation that a will is genuine. In India it normally takes between 6 to 12 months, though complicated property, different jurisdictions or a contest can take longer.

Can a will be revoked or changed?

Yes, a testator can change or revoke a will at any time during their life, provided they are of sound mind, by destruction, a new will, marriage or an express written declaration.

25,000+

Clients served

200+

Certifications

100+

Experts

25+

Years

Why Diligence

Why choose Diligence Certification?

For compliance and credibility, Diligence is much more than a checklist - we give you real confidence in your business. We examine your legal, financial and operational status, so you are not just certified, but trusted.

Stronger risk protection

Spot hidden legal, financial or operational risks early - fix problems before they become threats.

Earn stakeholder trust

From investors to customers, people want to work with businesses that play by the rules.

Stay legally aligned

Compliant not just on products but on labour, environmental and tax laws too.

Enhance brand reputation

Show the world you operate with integrity and transparency.

Stand out from competitors

In a crowded market, credibility is your biggest edge.

24×7 expert support

A 100+ strong service team guiding you at every step, free first consultation.

Real sites, real certifications

Our teams work inside factories and plants across India and abroad - inspections, audits and certification milestones spanning BIS, global schemes and the full compliance stack you see on this site.