No, it is not mandatory to register a Will in India for it to be legally valid. A Will that is properly signed and witnessed is perfectly enforceable. However, registering it with the Sub-Registrar provides an extra layer of authenticity and security, as it is kept in safe custody.

Any adult of sound mind can be a witness. However, it is crucial that a witness (or their spouse) is not a beneficiary in the Will. If a beneficiary acts as a witness, the Will is still valid, but the bequest to that beneficiary becomes void.

An Executor is the person you appoint to implement the instructions in your Will. Their responsibilities include collecting your assets, paying off any debts and taxes, and distributing the remaining assets to the beneficiaries as per your wishes.

If a person dies without a Will (known as dying ‘intestate’), their assets are distributed according to the personal succession laws applicable to them, such as the Hindu Succession Act, 1956 or the Indian Succession Act, 1925. This may not align with their actual wishes.

Yes, a handwritten Will, also known as a holographic Will, is legally valid in India, provided it is properly signed by the person making it (the testator) and attested by two witnesses. The key is the validity of the signatures, not whether it is typed or handwritten.

Probate is the process by which a court officially recognizes a Will as the authentic last testament of the deceased. It is not mandatory in all parts of India. However, if the Will involves immovable property located in the presidential towns of Mumbai, Kolkata, or Chennai, obtaining a probate is compulsory.

A Will can be challenged on several grounds, including: lack of proper execution (not signed or witnessed correctly), the testator was not of sound mind when making the Will, the Will was made under undue influence or coercion, or the Will is a forgery.

Yes, you can change your Will at any time. You can do this by either making a new Will that explicitly revokes all previous ones, or by creating a ‘Codicil,’ which is a supplementary document that makes minor changes or additions to the existing Will. A Codicil must also be signed and witnessed in the same way as a Will.

While you don’t legally need a lawyer, and can use a Will generator for simple asset distribution, consulting a lawyer is highly recommended for complex estates with multiple properties, business assets, or potential for family disputes. A lawyer can help avoid legal loopholes.

In India, you can disinherit your children from your self-acquired property by explicitly stating so in your Will. However, they may still have rights to ancestral property. A spouse also has certain maintenance rights that cannot be completely ignored. It’s a complex area where legal advice is crucial.

Self-acquired property is anything you have purchased with your own money. You have full rights to bequeath it to anyone you choose in your Will. Ancestral property is property inherited through four generations of male lineage, and your descendants have a right to it by birth, limiting your ability to will it away freely.

For property held in ‘joint tenancy,’ the deceased owner’s share automatically passes to the surviving joint owner(s), regardless of what the Will says. For property held as ‘tenants in common,’ the deceased’s share will pass according to their Will.

Currently, Indian law does not recognize digital or video Wills as legally valid. A Will must be a physical document, in writing, and signed by the testator and two witnesses to be enforceable.

A Codicil is a legal document used to make minor changes or additions to an existing Will. Instead of rewriting the entire Will, you can create a Codicil to amend a specific clause. It must be executed with the same legal formalities as a Will, i.e., signed and attested by two witnesses.

You should store your Will in a safe and accessible place where your Executor can find it. You can keep it in a safe deposit box, with your lawyer, or register it at the Sub-Registrar’s office for maximum security. Inform your Executor of its location.