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Estate planning · Will

What is a Will and who can make one

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Anyone above 18 years of age, of sound mind, can make a Will. There is no prescribed format, a Will can be written on plain paper. It must be signed by the testator (person making the Will) and attested by 2 witnesses who must not be beneficiaries. Muslims are governed by Muslim Personal Law (intestate shares fixed by Sharia), but can bequeath up to 1/3rd of estate by Will to non-heirs.

Provisions

Indian Succession Act 1925, Sec 59, 63 | Hindu: Sec 30 HSA 1956

Analysis

Anyone above 18 years of age, of sound mind, can make a Will. There is no prescribed format, a Will can be written on plain paper. It must be signed by the testator (person making the Will) and attested by 2 witnesses who must not be beneficiaries. Muslims are governed by Muslim Personal Law (intestate shares fixed by Sharia), but can bequeath up to 1/3rd of estate by Will to non-heirs.

Close

  1. Declaration that this is your Last Will and Testament and revokes all previous Wills
  2. Testator details, full name, address, age, PAN
  3. List of all assets, property, bank accounts, investments, jewellery, digital assets
  4. Beneficiary names, relationship, full name, Aadhaar/PAN
  5. Executor name, the person who will carry out the Will's instructions
  6. Signature + date + place

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