Estate readiness check

DoneYou have a will

Good. The next questions look at how it was signed, whether it still fits your life, and whether it can be found. A will is only as good as the proof behind it. From the note: Why courts reject wills.

To doFind any will you have made

Look for any will or codicil you signed. A codicil is a later document that changes or adds to a will. Find where the signed original is, then answer the next questions as best you can. Every will Waseeyat drafts states that it revokes (cancels) all earlier wills and codicils, so there is no doubt about which one counts. From the note: Changing or revoking a will.

To doMake your will

Every person of sound mind who is not a minor can make a will (Indian Succession Act, section 59). It must be in writing, and you sign it or put your mark on it, for example a thumb impression. At least two witnesses must then sign it in the way section 63 sets out. It needs no notary, and registration is optional. These rules apply to Hindus, Buddhists, Sikhs and Jains, and to Christians, Parsis, Jews and others. Wills made by Muslims follow Muslim personal law instead. Waseeyat is opening soon, and sign-up is not open yet. From the note: Making a valid will in India.

DoneYour witnesses are in mind

Good. Waseeyat's witness checklist adds a few points. Choose adults of sound mind. Neither should be the husband or wife of anyone who receives under the will. Younger is better than older, so they are likely to be reachable for many years. These are Waseeyat's recommendations. From the note: Witnesses to a will.

To doThink about who could witness

Waseeyat recommends two adults who know you, who receive nothing under the will, and who can be found years from now. This can matter in law too. For Christians, Parsis, Jews and others, a gift to a witness, or to a witness's husband or wife, is void, meaning that gift fails (Indian Succession Act, section 67). The will itself is still properly witnessed. For Hindus, Buddhists, Sikhs and Jains, the gift does not fail on that ground. From the note: Witnesses to a will.

DoneSigned before two witnesses

That matches the witnessing rule in section 63. The law does not need the two witnesses to be there at the same time, and no special form of words is needed (section 63(c)). From the note: Witnesses to a will.

To doConsider a new will, signed as the law asks

For Hindus, Buddhists, Sikhs and Jains, and for Christians, Parsis, Jews and others, section 63 asks for your signature or mark and at least two witnesses. Each witness must have seen you sign, or heard you confirm your signature, and then signed in your presence. If yours was not signed that way, consider making a new will, signed and witnessed as section 63 sets out. Wills made by Muslims follow Muslim personal law. From the note: Making a valid will in India.

To doA will is signed on paper

Indian law does not let a will be made with an electronic signature. The Information Technology Act, 2000 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 signed on paper, in ink or with a thumb mark, and witnessed on paper. If yours was signed electronically, consider making a new will on paper. From the note: A will cannot be signed electronically.

To doLook at how it was signed

Look on the will for your signature or mark, and for the signatures of at least two witnesses. Section 63 also asks that each witness saw you sign, or heard you confirm your signature, and then signed in your presence. If you are unsure it was done that way, consider making a new will, signed before two witnesses as section 63 sets out. Wills made by Muslims follow Muslim personal law. From the note: Witnesses to a will.

DoneNo changes on the paper

Keep it that way. To change your will later, make a codicil (a later document that changes or adds to a will) or a new will. Sign and witness it in the same way as a will. From the note: Changing or revoking a will.

To doMake the change by codicil or a new will

A crossing-out, an addition or any other change made after signing has no effect unless the change itself was signed and witnessed like a will (section 71). Words a change has made impossible to read cannot be relied on. The safer course is a codicil (a later document that changes or adds to a will) or a new will, signed and witnessed in the same way. From the note: Changing or revoking a will.

To doCheck every page for handwriting

Read every page for crossings-out or additions made after it was signed. Such a change has no effect unless it is itself signed and witnessed like a will (section 71). If you find one, make a codicil or a new will instead. From the note: Changing or revoking a will.

Good to knowIf you marry later

Nothing to do now. If you marry later, look at this again. For Christians, Parsis, Jews and others, marriage revokes every earlier will, with one narrow exception (section 69). For Hindus, Buddhists, Sikhs and Jains, it does not (proviso to section 57; Schedule III, item 4). From the note: Changing or revoking a will.

To doCheck what your marriage means for your will

For Christians, Parsis, Jews and others, marriage revokes every earlier will, with one narrow exception, so make a new will (section 69). For Hindus, Buddhists, Sikhs and Jains, marriage does not revoke a will (proviso to section 57; Schedule III, item 4), but your will may still be worth a fresh look. Wills made by Muslims follow Muslim personal law. If you married under the Special Marriage Act, 1954, read which law governs your will. From the notes: Changing or revoking a will; Which law governs your will.

DoneYour will still fits your life

Good. A look once a year helps. Check that your executor and witnesses can still be reached, and that what you own still matches your will. Good practice, not a rule of law.

To doReview your will

Read it again with the changes in mind: a new child, a death among the people it names, a divorce, or property bought or sold. If anything needs to change, make a codicil or a new will, signed and witnessed like a will. Do not write on the signed one: a change made after signing has no effect unless it is itself signed and witnessed (section 71). From the note: Changing or revoking a will.

To doRead your will through once

Read it with today's family and property in mind. If anything no longer fits, change it by a codicil or a new will, signed and witnessed like a will. Writing on the signed one has no effect unless the change is itself signed and witnessed (section 71). From the note: Changing or revoking a will.

DoneYour executor knows

Good. Make sure they also know where the signed original is, and where any list of what you own is kept. Good practice, not a rule of law.

To doTell your executor

Tell them they are named, and check that they are willing to act. This is good practice, not a legal step. It helps because, after your death, they must collect your property (section 319) and pay every debt before any gift your will makes (section 325). From the note: After a death: what an executor does.

To doName an executor

You can name an executor, and a backup in case they cannot act, by a codicil or a new will, signed and witnessed like a will. Probate is a copy of the will issued under a court's seal, with a grant of administration of the estate. It is granted only to an executor the will appoints (section 222). From the notes: Changing or revoking a will; Probate and succession certificates after December 2025.

To doLook for an executor in your will

Look for a clause that names someone to carry out the will. If there is none, or that person can no longer act, you can name one by a codicil or a new will, signed and witnessed like a will. From the note: Changing or revoking a will.

DoneThe original can be found

Keep it that way, and tell them again whenever it moves. If the original cannot be found after your death, a clear record of where it was kept helps your executor. This is our advice, not a rule of law.

To doTell your executor or family where the original is

Tell them where it is kept, and tell them again whenever it moves. A copy kept where they can find it also helps. 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). The 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 note: Registering or depositing a will.

To doFind the signed original

Find it, keep it somewhere safe, and tell your executor or family where it is. You can also deposit a will with any Registrar in a sealed cover, and take it back at any time (Registration Act, 1908, sections 42 and 44). If it cannot be found, consider making a new will. From the note: Registering or depositing a will.

DoneA witness can be found

Keep each witness's full name, parent's name, address and phone number with your papers, and update them when they change. Registering a will does not replace the witnesses. A registered will must still be proved through an attesting witness, if one is alive and able to give evidence (section 67). From the notes: Witnesses to a will; Registering or depositing a will.

To doPlan for witnesses who cannot be found

Try to find them again, and note how to reach them. If no attesting witness can be found, two things must be proved. At least one witness's attestation (their signature as a witness) must be in that witness's handwriting, and your signature must be in yours (Bharatiya Sakshya Adhiniyam, section 68). You may prefer a new will, signed before witnesses likely to be reachable for many years, so younger rather than older, as Waseeyat's witness checklist recommends. From the note: Witnesses to a will.

To doNote how to reach your witnesses

Write down each witness's full name, parent's name, address and phone number. Keep the note with your papers, and update it when it changes. One of them may have to tell a court what they saw (Bharatiya Sakshya Adhiniyam, section 67). From the note: Witnesses to a will.

DoneYour list is ready

Good. Keeping it current is good practice, not a rule of law, so look at it once a year and whenever something changes. It is a guide for your executor. A Waseeyat will does not refer to it: the will carries its own schedule of what you own, printed inside the will and signed with it.

To doBring your list up to date

Add what is missing, and note where the papers for each item are kept. This is good practice, not a legal step. It helps because, after a death, the executor must collect the deceased's property (section 319) and pay every debt before any gift in the will (section 325). From the note: After a death: what an executor does.

To doMake a list of what you own and owe

Write down what you own and what you owe, and where the papers are kept. Then tell your executor or family where the list is. This is good practice, not a legal step. It helps because, after a death, the executor must collect the deceased's property (section 319) and pay every debt before any gift in the will (section 325). From the note: After a death: what an executor does.

DoneYour nominations are in step

Good. Look at them again after a marriage, a birth or a death in the family. That is good practice, not a rule of law. One rule to know: under the Employees' Provident Funds Scheme, 2026, a nomination made before your marriage is treated as invalid, and every member must file a nomination under the 2026 Scheme (paragraph 44(3)). From the note: Nominations and your will.

To doDecide which way each asset should go

For bank deposits and shares, the nominee receives, but your will or the law of succession decides who keeps it (Supreme Court: Ram Chander Talwar v. Devender Kumar Talwar, 2010; Shakti Yezdani v. Jayanand Jayant Salgaonkar, 2023). For life insurance, a parent, spouse or child you nominate is beneficially entitled to the money (Insurance Act, 1938, section 39(7)), though High Courts disagree on whether that gives way to the heirs. Waseeyat recommends saying clearly in your will what you intend for each asset and changing the nomination too, so the two point the same way. That is good practice, not a rule of law. You can change a life insurance nomination by a will, but until the insurance company has written notice of the change, it is not liable for paying the nominee on its record in good faith (section 39(2)). From the note: Nominations and your will.

To doAdd or update the missing nominations

Ask each bank, fund house or company how to add or change a nominee. A bank deposit can now have up to four nominees (Banking Regulation Act, section 45ZA), and a demat account or mutual fund folio up to three (SEBI circular of 29 May 2026). With a nominee, a commercial bank must not insist on probate or a succession certificate before paying (RBI directions to commercial banks, as updated on 1 April 2026). For the Employees' Provident Fund, file a nomination under the 2026 Scheme (paragraph 44(3)). From the note: Nominations and your will.

To doList each asset and its nominee

Write down each account, deposit, locker, policy, provident fund and folio, with the nominee on record for each, and compare the list with your wishes and any will you have made. This is good practice, not a rule of law. When you list what you own, Waseeyat's questionnaire asks for the nominee on record for each asset, so you have both in one place.

DoneYour wishes are written down and shared

Good. You may change or withdraw it at any time while you can decide, in writing, by the same procedure used to make it. When anything changes, tell everyone who has a copy, including your local body's custodian; that last step is our advice, not a rule of law. From the note: Living wills: advance medical directives.

To doGive copies to the people who need them

Since 2023, the person who makes a directive tells the people named in it, and their family doctor if they have one, and gives each of them a copy. A copy is also handed to the competent officer of the local government, municipal corporation, municipality or panchayat, which nominates a custodian to keep it. Ask your local body how to hand it over; that is our advice, not a rule of law. From the note: Living wills: advance medical directives.

Good to knowSomething to think about, if you wish

Whether to make one is a personal decision. A directive is made in writing, signed before two witnesses and attested before a notary or Gazetted Officer. If there is no directive, the Supreme Court's guidelines still set out how such decisions are made, with the family and two medical boards. If you would like to make one, talk first with your doctors and with the people you would name; that is our advice, not a rule of law. From the note: Living wills: advance medical directives.

Good to knowWhat a living will is

It is a written record of when medical treatment may be withheld or withdrawn, for a time when you are terminally ill, under prolonged treatment with no hope of recovery or cure, and unable to decide. It is not a will about property. Our guide explains how one is made and used, step by step. From the note: Living wills: advance medical directives.