Now. Don’t wait.

The only answer to this question is SOONER the BETTER. There is NO APPPROPRIATE AGE or TIME for making a will. NOW, is the right time.

• Depends upon the own sweet will and volition of the testator.
• Avoidance of any family dispute by clear disposition of property in the will.
• Fraudulent family members can be excluded.
• Sensible choice today.
• Advantageous from the tax planning
• Special responsibilities can be catered to towards a needy family member.
• Special provision can be made for non-family members.

It is advisable that a person should only make ONE Will for all his properties. The maker of the Will can cancel or change the will ANY NUMBER of TIMES. When changes are made in a Will, it is called CODICIL.

So, never make a change in the original will, by writing or overwriting, but make a CODICIL, in which you can write that you are cancelling your earlier will and codicil(s), and this codicil should be treated as your last Will and Wish.

However, registration of will is a GOOD POLICY, and until and unless prevented by circumstances, one must always try to REGISTER the Will.

Registration of a will is generally considered to be authentic, and it will be prima facie presumed that the TESTATOR at the time of the making the will was in GOOD HEALTH, SOUND and DISPOSING MIND, and the will has been made without any COERCION, DURESS or UNDUE INFLUENCE, and the Will has been executed by the Testator out of his OWN SWEET WIILL and VOLITION. It also ensures that there was no fraud at the time of the making of the will.

1. It is registered at the office of the Sub- Registrar (where properties are registered)
2. The following may be excluded from going to the Office of the Registrar:
3. Person with bodily infirmity
4. Person in jail in Judicial process
5. Pardanashin Muslim Woman

A registered Will can be cancelled through an Unregistered Will.

In Rajeev Kumar vs. State of UP 1979 (5) ALR 151, Ramesh Dutt Salwan vs State 1988 RLR 387, Ramesh Dutt Salwan vs State 1988 RLR 387, and G.Jothi Chakravarthi vs S.Balaji (https://indiankanoon.org/doc/151744495/) it has been held that registration of the Will is optional and even subsequent unregistered Will can revoke the earlier registered Will.

Under the Indian law, naming and appointing Executor of will though not mandatory, nut always advisable.

In case, you do not mention and appoint an executor of your will, your will is a USELESS piece of paper, and the same will not fall into the category of a will.

• Defined in Section 2 (c) of the Indian Succession Act
• Has power and duty to carry out following directions in the will:

1. Collect and realise estate of deceased
2. Payment of debts of the deceased
3. Distribute the legacies of the deceased

The choice of an executor is only made by the testator. While appointing an Executor following characteristics of an Executor are advisable but not mandatory.

• The Executor shall be younger than the testator for the purpose of outliving the testator.
• The Executor should be a major (or the grant of probate can only happen after attainment of majority).
• The Executor shall preferably be resident of the same city as that of the testator.
• The Executor should be known to the beneficiaries.
• The Executor should be of good moral character & integrity.

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• To ascertain the assets of the deceased person.
• To pay testamentary and funeral expenses.
• To collect the debts and assets of the deceased.
• To pay the debts of the deceased.
• To apply for a Probate, whenever necessary.
• To distribute the properties among the beneficiaries under the WILL, as per the WILL

Moreover, these executors can be given the power to appoint further executors.

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Do you know that a will is also a part of your PRUDENT FIANCIAL PLANNING? It may save beneficiaries of your will, a lot of money in the form of saving of Court Fees and Stamp Duty, and their life may become easy.

Will is an opportunity for the TESTATOR (maker of the will), to give his properties (moveable or immovable) to the right people for the right reasons.

The person who is making a will, shall:

1. Have Testamentary capacity;
2. Be of sound disposing mind;
3. Have the knowledge of contents of the will;
4. Be free from undue influence/ fraud/ coercion;
5. Make the will voluntarily and out of his own will and volition.

A will can be hand written or Typed, and the best thing is that a will can be made on a WHITE piece of PAPER. There is no need of payment of STAMP DUTY or making of a will on the Stamp Paper.

You should, and can make only ONE will for your all Immoveable and Moveable properties.

It is not necessary that any technical words or terms of art be used in a Will, but only
that the wording be such that the intentions of the testator can be known therefrom.

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• The person should be of sound mind.
• The person should be a
• Person with disability (impaired hearing, vision or speech).
• An insane person in a lucid interval of sanity.
• Aliens (Foreigners) and

The Will must be signed by the witnesses, ONLY AFTER the will has been executed by the TESTATOR in the presence of the 2 witnesses.

Both the Witnesses shall also be present simultaneously in the presence of each other and  the TESTATOR of the will, at the time of witnessing the execution of the Will.

Simple Will

This kind of will should be preferred.

Conditional/ Contingent Will

This is only enforceable in the event of the happening of the mentioned      contingency

 Joint Will

• Two or more persons may agree to make a joint will
• This does not imply joint ownership

Mutual Will

Two testators may confer reciprocal benefits through this instrument.

Concurrent Will

• This is generally used for disposition of properties in different countries
• They are to be treated as independent of each other

Privileged Will:

• A soldier in actual warfare may pronounce his will orally before two witnesses

Anyone of the following can be appointed as executors:

1. The person nominated by Author;
2. Executor by conditional appointment (e.g. son, on the attainment of majority);
3. Executor by implied appointment (one performing all essential duties in Will, e.g. residual beneficiary);
4. Partnership Firm;
5. Banks (solely/ jointly/ alternately).

1. Disabled person;
2. Minor;
3. Person of unsound mind.

• The appointment of an executor is a necessity by law (Section 222, The Indian Succession Act)
• This is also because of the following reasons:

1. The probate, ( if, the need arises), can only be granted to an executor appointed by the Will
2. The Will can only be effectual if the probate is granted
3. Without the executor, the Will becomes as ineffectual as the deceased being intestate.
   1. However, the appointment of the EXECUTOR maybe
      1. Expressed, or
      2. By Implication

However, In case of PARSIS, the marriage will result in revocation of Will. (Section 69 of the Succession Act, 1925)

The Will made by a Muhammadan is also NOT REVOKED by marriage. 

Further, if the marriage of a Hindu is solemnized under the Special Marriage Act, then such marriage under the Special Marriage Act, will result in revocation of Will made prior to marriage. (Kalyan Kumar Nag vs Dina Guha (1974) 76 BOMLR 815)

When a Will has been lost or mislaid since the testator& death, or has been destroyed by wrong or accident and not by any act of the testator, and a copy or the draft of the Will has been preserved, probate may be granted of such copy or draft, limited until the original or a properly authenticated copy of it is produced.