Signing-day checklist

Arrange at least two witnesses to attest your will.

LawIndian Succession Act, s.63(c)

Each witness is an adult of sound mind who knows you personally and is likely to be reachable for many years, so younger rather than older.

Good practiceWaseeyat's witness checklist (note: Witnesses to a will)

Neither witness receives anything under the will, and neither is the husband or wife of someone who does.

Good practiceWaseeyat's witness checklist (note: Witnesses to a will)

Christian, Parsi, Jewish or other? Any gift under the will to a witness, or to a witness's husband or wife, is void. The will itself is still properly attested.

LawIndian Succession Act, s.67 (note: Witnesses to a will)

Tell each witness that, after your death, they may be asked to confirm in court that they saw you sign.

Good practiceWaseeyat's signing kit. Why: Bharatiya Sakshya Adhiniyam, 2023, s.67

Read the whole will through: every name, your family, what you own and who receives it. If anything is wrong, do not sign it: have it corrected and printed again.

Good practiceFrom the note Why courts reject wills, and Waseeyat's signing kit

If you do not read the will's language, someone reads it over and explains it to you in a language you understand before you sign. A Waseeyat will names that person.

Good practiceFrom the notes Making a valid will in India and Why courts reject wills

Made with Waseeyat? The date and place of signing are printed in the will. Plan to sign on that day, at that place, with both witnesses free for the whole signing.

Good practiceHow Waseeyat prints a will (note: Making a valid will in India)

80 or older, or seriously ill? Arrange for a registered doctor to examine you and complete a certificate of fitness on the signing day. Recommended.

Good practiceFrom the note Why courts reject wills; the form is in Waseeyat's signing kit

Print every page at once, on the same paper, on one side only. You will sign one original; a spare print is not your will.

Good practiceWaseeyat's signing kit

People who receive something under the will are not in the room, and did not organise the signing.

Good practiceFrom the note Why courts reject wills

Both witnesses stay in the room with you, together, for the whole signing. Use the same pen.

Good practiceWaseeyat's signing kit. The law lets witnesses attend separately (note: Witnesses to a will)

Nothing is written into the text of the will by hand: no blank filled in, nothing added or struck out. Pen goes only on the lines printed for signatures and initials.

Good practiceWaseeyat's signing kit

The will is signed, or marked, on paper. Never electronically.

LawInformation Technology Act, 2000, s.1(4) and First Schedule, entry 4; Indian Succession Act, s.63

You sign the will, or put your mark such as a thumb impression, placed so it is clear you meant it to give effect to the document as your will.

LawIndian Succession Act, s.63

Sign in ink at the end of the will, below the text, in your usual way. A thumb impression is clear, not smudged.

Good practiceWaseeyat's signing kit

If someone signs for you, they sign in your presence and at your direction.

LawIndian Succession Act, s.63

Each witness sees you sign or put your mark (or sees the person signing for you), or you confirm your signature or mark to them in person.

LawIndian Succession Act, s.63(c)

Each witness then signs the will in your presence.

LawIndian Succession Act, s.63(c)

You initial every page of the will where the line says so. A Waseeyat will has an initials line on each will page.

Good practiceHow Waseeyat prints a will (note: Making a valid will in India)

Know the rule: a change written on the will after it is signed has no effect unless the change is itself signed and witnessed like a will.

LawIndian Succession Act, s.71

So nobody writes on the signed will. Need a change later? Make a codicil or a new will, signed and witnessed in the same way.

Good practiceFrom the note Changing or revoking a will, and Waseeyat's signing kit

Fill in the signing record below while your witnesses are still with you.

Good practiceWaseeyat's witness checklist (note: Witnesses to a will)

Put the original somewhere safe. Write down where it is, and update that note whenever it moves.

Good practiceWaseeyat's signing kit

Tell your executor, the person your will appoints to carry it out, where the original is.

Good practiceFrom the note Registering or depositing a will

Scan every page, in order. Keep a printed copy of the scan where your executor can find it.

Good practiceWaseeyat's vault page and signing kit. Why: Indian Succession Act, s.237 (note: Registering or depositing a will)

Made with Waseeyat? Keep the kit's evidence page (headed "This page is not part of your will") with the original, or give it to your executor. Record the signing in your workspace.

Good practiceWaseeyat's signing kit

Optional: register the will, or deposit it in a sealed cover with a Registrar. Neither is required.

LawRegistration Act, 1908, ss.18(e), 27 and 42 to 45 (note: Registering or depositing a will)

If you choose either, ask the state's registration department about its fees and procedure before you go. Each state sets its own.

Good practiceFrom the note Registering or depositing a will

If you register it, your witnesses still matter: a registered will must still be proved through an attesting witness, if one is alive and able to give evidence.

LawBharatiya Sakshya Adhiniyam, 2023, s.67, proviso (note: Registering or depositing a will)