A Will, or a Last Will and Testament, is a legal document in which a person (the ‘Testator’) declares their wishes regarding the distribution of their property and assets after their death. It allows you to choose who will inherit your estate.

Making a Will ensures that your property is distributed according to your wishes, not according to the default succession laws of the country. It prevents potential disputes among family members and makes the process of transferring your assets much smoother for your loved ones.

Any person who is of sound mind and not a minor (i.e., has attained the age of 18) can make a Will in India.

A simple Will involves a straightforward distribution of assets (e.g., ‘everything to my spouse’). A complex Will might involve creating trusts, detailed conditions for inheritance, multi-layered distributions, or complex business succession plans, which require expert legal advice.

The Executor is the person you appoint in your Will to be responsible for carrying out your instructions. Their duties include gathering your assets, paying any outstanding debts or taxes, and distributing the remaining assets to the beneficiaries as per your Will.

No, it is not mandatory to register a Will. An unregistered Will, if properly signed and witnessed, is perfectly valid in the eyes of the law. However, registering it with the Sub-Registrar’s office can add an extra layer of authenticity and prevent it from being easily challenged.

A Will must be signed by the Testator in the presence of at least two witnesses. Both witnesses must also sign the Will in the presence of the Testator. The witnesses should not be beneficiaries in the Will.

Yes, a Will can be written on a plain piece of paper. There is no legal requirement to use stamp paper for a Will. It can be handwritten or typed, but it must be clearly legible and properly signed and witnessed.

If a person dies ‘intestate’ (without a Will), their property is distributed among their legal heirs according to the personal succession laws applicable to them (e.g., the Hindu Succession Act, 1956, for Hindus or the Indian Succession Act, 1925, for Christians).

Yes, you can change your Will at any time during your lifetime. You can make minor changes through a document called a ‘Codicil’ or create an entirely new Will which automatically revokes all previous Wills.

No, the witnesses do not need to read or know the contents of the Will. Their role is simply to witness the Testator’s signature and confirm that the Testator signed the document in their presence, in a sound state of mind.

A beneficiary is a person (or entity, like a charity) named in the Will who is intended to receive property or assets from the Testator’s estate.

Yes, you have the right to distribute your self-acquired property as you wish, which includes excluding a legal heir. However, it is advisable to clearly state the reason for the exclusion in the Will to reduce the chances of it being challenged in court later.

Probate is the legal process where a court officially recognizes a Will as the authentic and final testament of the deceased. The court certifies the Will and grants the Executor the authority to administer the estate. Probate is mandatory in some cities like Mumbai, Kolkata, and Chennai for Wills related to immovable property.

A Simple Will Generator helps you by providing a structured template with the correct legal language. It ensures you include all the essential elements of a valid Will, such as the declaration, appointment of an executor, and proper attestation clauses, making the process of creating a basic Will straightforward and less intimidating.