What is a will? Why should one write a will?

Will is a document which declares the intention of a person with respect to the property which he desires to be carried into effect after his death. It is a legal document.

Why should a person (testator) make a will?

If someone does not make a will and dies (called ‘intestate’) his property wil be divided as per the laws of intestacy. Under intestacy laws, property left by a deceased pass to survivors according to rules fixed by the deceased’s state of residence. So he will not be in control over how his property is to be distributed.

What are the components of a will?

A will may contain the following components (as a guideline):

1. A declaration by the person that this is the last will and all previous wills are invalid

2. A declaration that the person is in good health and mind, and is making the will of his own free choice

3. Name of the survivors (wife and children)

4. Description of the person’s moveable and immoveable property

5. How the assets are to be divided in in whose names

6. Signature of the person with date

7. Name and Signature of two witnesses

What to do after a will is written?

Once a will is executed (written, signed and attested by two witnesses) it takes a legal form. It can then be kept in a safe place by the testator, to be opened after his or her death. It can also be kept at a sub registrar’s office (what is called a “registered will”) for safety and record keeping.

My book on Wills and Probate in India

For more details about wills, please see my book “Introduction to Wills and Probate”, available on Amazon and Flipkart.

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