Sunset Literacy
Questions people ask before making a will
Plain answers drawn from the notes in our law library. Every note names its source: the Act, the section, and the date the official text was read. This is general information about Indian law, not legal advice. Waseeyat™ is not a law firm.
What a will needs
The basics: who can make a will, and what makes it valid.
What does a will need to be valid in India?
You must be of sound mind and not a minor. The will must be in writing and signed by you, or marked by you, for example with a thumb impression. At least two witnesses must sign it in the way the law requires. These rules come from the Indian Succession Act, 1925 (sections 59 and 63). They apply to Hindus, Buddhists, Sikhs and Jains, and to Christians, Parsis, Jews and others. Wills made by Muslims follow Muslim personal law instead (section 58(1)). A will does not need stamp paper, a notary or registration: see the answers below. From the note: Making a valid will in India.
Can I make a will if I am elderly or unwell?
Yes, if you are of sound mind when you make it (section 59). Being very weak or ill does not by itself prevent a valid will, as long as you can still judge how to dispose of your property. You need to understand the nature of your property, who your family are, and the will and its effect. A person who is deaf, unable to speak or blind can make a will if they understand what they are doing by it. No one can make a will while illness, intoxication or anything else leaves them unable to know what they are doing. If you are 80 or older, or tell us about a serious illness, Waseeyat's signing kit includes a doctor's fitness certificate, which we recommend completing on the signing day. From the notes: Making a valid will in India; Why courts reject wills.
Do I need a lawyer to make a will?
Under the Indian Succession Act, the conditions for a valid will are about you and your witnesses: sound mind, writing, your signature or mark, and two witnesses who sign as section 63 sets out. Waseeyat's signing kit gives you a checklist for the signing day and a guide to choosing witnesses. Some situations mix legal rules: a change of religion, living abroad, or owning property outside India. Then Waseeyat stops the guided will and offers a fixed-fee review by an empanelled advocate. You can also ask for an advocate's review of any draft. The advocate signs their own work. Wills made by Muslims follow Muslim personal law; see the question for Muslims below. From the notes: Making a valid will in India; Which law governs your will; About Waseeyat.
Does my will need stamp paper or a notary?
No stamp paper: the Indian Stamp Act, 1899 charges no duty on a will. Its entries for gifts, trusts and appointments expressly leave wills out (Schedule I, Articles 7, 33 and 64). Some states have their own stamp laws, so check before you rely on this in your state. No notary: section 63 of the Indian Succession Act does not require one. From the note: Making a valid will in India.
Can I sign with a thumb impression, or ask someone to sign for me?
Yes. You can sign, or put your mark, such as a thumb impression. Another person may sign for you, but only in your presence and at your direction. The signature or mark must be placed so that it is clear you meant it to give effect to the document as your will (section 63). Waseeyat's signing kit asks you to sign in your usual way and, if you use a thumb impression, to make it clear, not smudged. From the note: Making a valid will in India.
Can I leave a child, or my husband or wife, out of my will?
For wills under the Indian Succession Act, a will may depart from who would otherwise inherit, but courts look for a reason. A will exists to depart from the ordinary line of succession, so leaving out a close family member may not by itself be suspicious; but prudence looks for a reason, and the absence of one, though it does not make every such will fail, casts suspicion on it (Supreme Court, Gurdial Singh v. Jagir Kaur, 2025). In Sardari Lal v. Bishan Dass (2026), leaving out a wife who had lived with the maker throughout, on good terms, in favour of a stranger or a distant relative, raised suspicion. A will need not give reasons, but if it gives them, a court may test whether they are true (the same judgment). With Waseeyat you can add a short, factual reason in your own words; it is optional. For Hindus, Buddhists, Sikhs and Jains, nothing in the Act's will rules lets you take away a right of maintenance (support) that you could not otherwise have taken away (Indian Succession Act, Schedule III, restriction 1). Wills made by Muslims follow Muslim personal law instead. From the notes: Which law governs your will; What the Supreme Court has said about wills, 2024 to 2026.
Your two witnesses
Witnesses matter on the day you sign, and again if a court is asked to act on the will.
How many witnesses do I need, and what do they do?
At least two. Each witness must see you sign or put your mark, or see the person signing for you, or receive your personal acknowledgment of your signature or mark. Each witness then signs the will in your presence. The law does not need the two to be there at the same time, and no special form of words is needed (section 63(c)). Waseeyat's signing kit still asks both witnesses to be with you, together, for the whole signing. Later, before the will can be used as evidence in court, at least one attesting witness must be called to prove it, if one is alive, within the court's reach and able to give evidence (Bharatiya Sakshya Adhiniyam, 2023, India's law of evidence, section 67). From the note: Witnesses to a will.
Can someone who inherits under my will be a witness?
It depends on the law that governs your will. For Hindus, Buddhists, Sikhs and Jains, a gift to a witness does not fail on that ground, because section 67 of the Indian Succession Act is not among the sections that apply to their wills. For Christians, Parsis, Jews and others, a gift to a witness, or to a witness's husband or wife, is void. The will itself is still properly attested; only the witness's gift fails (section 67). Either way, Waseeyat recommends that no beneficiary, and no husband or wife of a beneficiary, witnesses your will. A beneficiary who is closely involved in the signing invites questions in court. From the note: Witnesses to a will.
Who should I choose as witnesses?
Adults of sound mind who know you personally. Not a beneficiary, and not a beneficiary's husband or wife. People likely to be reachable for many years, so younger rather than older, because one of them may have to tell a court what they saw. Note each witness's full name, parent's name, address and phone number. Waseeyat never asks for a full Aadhaar number. From the note: Witnesses to a will.
Can I sign my will online?
No. Indian law does not let a will be signed electronically. The Information Technology Act, 2000, the law that gives electronic signatures legal effect, does not apply to a will (section 1(4) and the First Schedule, entry 4). So no kind of electronic signing, including a code sent to your phone or an Aadhaar-based signature, can meet the signing rules in section 63 of the Indian Succession Act. A will is printed, signed in ink or with a thumb mark, and witnessed on paper. Waseeyat will never offer anything else for a will. From the note: A will cannot be signed electronically.
We prepare it for printing
Your will is generated for the signing day, with the date and place printed and the signature block at the end. Every will page carries lines for your initials and each witness's initials.
You sign on paper
You sign in ink, or put your mark, at the end of the will, where your witnesses can see you do it.
Two witnesses sign
Each witness signs in your presence. The will includes an attestation clause recording that both witnesses saw you sign and signed in your presence.
Electronic signing is blocked
Waseeyat's software refuses electronic signing for wills, codicils, trusts and powers of attorney.
Registering, storing and finding the original
What to do with the signed will, and what happens if it goes missing.
Do I have to register my will?
No. Registration is optional (Registration Act, 1908, section 18(e)), and a will may be presented for registration at any time (section 27). If a special reason is shown, the officer may come to your home (section 31). Registration does not remove the need to prove the will: a registered will must still be proved through an attesting witness, if one is alive and able to give evidence (Bharatiya Sakshya Adhiniyam, 2023, section 67, proviso). Fees and procedures are set by each state, so ask the state's registration department before you go. From the note: Registering or depositing a will.
Does registering my will make it harder to challenge?
Not in the way many people expect. Registering a will is optional, and a registered will must still be proved through an attesting witness, if one is alive and able to give evidence (Bharatiya Sakshya Adhiniyam, 2023, India's law of evidence, section 67, proviso). In 2026 the Supreme Court said that registration may support a will's genuineness but does not replace proof of the signing and the witnessing (Pazhanathal v. Alamathal). In 2025 it said that the mere fact of registration does not make a will valid (Ramesh Chand v. Suresh Chand). One 2025 judgment spoke of a presumption that a registered will is genuine, on facts where the signatures were admitted and the trial court had accepted the will (Metpalli Lasum Bai v. Metapalli Muthaih), so a registered will may be argued either way. Our advice: whether or not you register, choose witnesses who can be found. From the notes: Registering or depositing a will; What the Supreme Court has said about wills, 2024 to 2026.
Where should I keep the original signed will?
Somewhere safe, and tell your executor (the person your will appoints to carry it out) where it is. Sign only one original; spare prints are not the will. You can keep it yourself, or deposit it with any Registrar in a sealed cover. You can take a deposited will back at any time, and after your death the Registrar opens it on an application (Registration Act, sections 42 to 45). Update where it is kept whenever it moves: if the original cannot be found after your death, a clear record of where it was kept helps your executor. With Waseeyat, you can keep a scan of the signed will in your private vault, with a note of where the original is. From the notes: Registering or depositing a will; Probate and succession certificates after December 2025; About Waseeyat.
What happens if the original is lost?
A court can still act on a copy or draft in some cases. If the original is lost or destroyed after your death, other than by your own act, a court may grant probate of a copy or draft (Indian Succession Act, section 237). If there is no copy or draft, probate may be granted of the will's contents, if they can be proved by evidence (section 238). A scan helps, but a court will still need to be told how the original was lost, and to have the signing and witnessing proved (Supreme Court of India: Jagmail Singh v. Karamjit Singh, 13 May 2020; Dhanpat v. Sheo Ram, 19 March 2020). From the notes: Registering or depositing a will; Probate and succession certificates after December 2025.
Changing your will, and what happens after
A will can change with your life. Here is how, and what the law asks for after a death.
Can I change my will later?
Yes. Under the Indian Succession Act, you can change it at any time while you are able to make a will (section 62). Make a new will, or a codicil: a later document that changes or adds to your will, signed and witnessed in the same way. You can also revoke a will by a signed and witnessed document that says so, or by destroying it with the intention of revoking it (section 70). Do not write on a signed will: a change made after signing has no effect unless it is itself signed and witnessed like a will (section 71). Every will Waseeyat drafts states that it revokes all earlier wills and codicils. From the note: Changing or revoking a will.
Does getting married cancel my will?
It depends on the law that governs your will. For Hindus, Buddhists, Sikhs and Jains, marriage does not revoke a will (section 57, proviso, and Schedule III, item 4). For Christians, Parsis, Jews and others, marriage revokes every earlier will (section 69). There is one narrow exception: a will made under a power of appointment over property that would not otherwise pass to the person's executor, administrator or heirs. If that is your law and you marry, make a new will. From the note: Changing or revoking a will.
Is probate still needed after December 2025?
Not as a condition the Indian Succession Act sets in court, but you may still need it in practice. Section 213 of the Act made probate or letters of administration a condition for establishing a right as executor or beneficiary in court, in the cases it covered. The Repealing and Amending Act, 2025 omitted it from 20 December 2025. Probate is a copy of the will issued under a court's seal, together with a grant of administration of the estate (section 2(f)). It is still available. A court grants it only to an executor the will appoints (section 222), and once granted it establishes the will from the date of death (section 227). A court will still not make a debtor of the deceased pay without probate, letters of administration, a succession certificate that names the debt, or one of a few older certificates (section 214). In practice, banks and companies may ask for one of these before they release money or securities, so ask the institution what it needs. From the note: Probate and succession certificates after December 2025.
Is a gift deed the same as a will?
No. A gift passes property now, and a will passes it only after your death. Whatever a document is called, it is a will if it passes property only on its maker's death, and registration alone does not make it a gift (Supreme Court, N.P. Saseendran v. N.P. Ponnamma, 2025). A will can be changed or revoked any number of times while its maker is of sound mind, but a gift that has been accepted and acted on cannot be cancelled by the giver alone (the same judgment; its point on wills restates the Indian Succession Act, and it does not say which community the family belonged to). Under Muslim law, a gift (hiba) needs a clear declaration, acceptance and delivery of possession (Supreme Court, Dharmrao Sharanappa Shabadi v. Syeda Arifa Parveen, 2025). Our advice: if you are thinking of giving property away during your life, take an advocate's advice first. From the note: What the Supreme Court has said about wills, 2024 to 2026.
Which rules apply to you
Your religion, how you married and the language you read all shape your will.
Which law applies to my will?
It depends on your religion and, in some cases, on how you married. Part VI of the Indian Succession Act holds its rules on wills. Hindus, Buddhists, Sikhs and Jains follow the sections of Part VI listed in the Act's Schedule III (section 57). Christians, Parsis, Jews and others follow Part VI in full (section 58(2)). Wills made by Muslims follow Muslim personal law (section 58(1)). If you married under the Special Marriage Act, 1954, the Indian Succession Act governs succession to your property (section 21). If both of you are Hindu, Buddhist, Sikh or Jain, section 21 does not apply (section 21A), and the rules for Hindus, Buddhists, Sikhs and Jains apply. Waseeyat asks about this only to apply the right rules, and says why it asks. From the note: Which law governs your will.
I am Muslim. Can I make my will with Waseeyat?
Not through the guided will yet. Part VI of the Indian Succession Act does not apply to wills made by Muslims (section 58(1)); their wills follow Muslim personal law. Waseeyat's guided will for Muslims is not open yet: it opens only after an empanelled advocate has reviewed it. Until then, once Waseeyat opens, it offers the fixed-fee advocate review instead. If you married under the Special Marriage Act, 1954, the Indian Succession Act governs your succession rather than Muslim personal law (section 21). The guided will asks whether you married under that Act and, if you did, follows the Indian Succession Act's rules. From the note: Which law governs your will.
Can my will be in Hindi or Urdu?
Not with Waseeyat yet. Hindi and Urdu will text is coming. It will be translated by a qualified translator and reviewed by a native-speaking advocate before we offer it. The site's menus and labels already have Hindi and Urdu versions; these answers are in English for now. Meanwhile, if your will is in a language you do not read, it carries a declaration naming who read it over and explained it to you. That matters, because the person relying on a will has to show that you understood what it gives and what it does. From the notes: Making a valid will in India; Why courts reject wills.
Where there's a will, there's Waseeyat
Waseeyat is opening soon. It is built to help you make a will designed against the reasons courts reject wills, print it with a signing kit, and, if you want, get fixed-fee help from an empanelled advocate. The print-ready signing kit becomes available once counsel has signed off our will templates.