Basic Requirements and Validity
Any person who is 18 years or older and of sound mind can make a will in India. The person making the will (testator) must not be under any undue influence, fraud, or coercion.
No, a will can be written in any language that the testator understands and can write in. It can be in Hindi, regional languages, or English.
Yes, every will must be signed by the testator in the presence of at least two witnesses. The witnesses must also sign the will. Important: The beneficiaries cannot act as witnesses to avoid conflicts of interest.
No, a will can be written on plain paper. There is no requirement to use stamp paper for creating a valid will in India.
No stamp duty is payable when creating a will in India. This makes will-making accessible to everyone regardless of financial status.
Yes, if you cannot sign the will, you can affix your thumb impression instead. This is legally valid as long as it's done in the presence of two witnesses.
No, a health certificate is not legally mandatory. However, it's advisable to obtain one to avoid potential challenges to the will's validity based on mental capacity.
Yes, a handwritten will (holographic will) is valid in India as long as it meets all legal requirements: signed by the testator and witnessed by two people who are not beneficiaries.
A will becomes invalid if: the testator was not of sound mind, was under undue influence, the will wasn't properly witnessed, or if there's evidence of fraud or forgery.
A will remains valid indefinitely until it is revoked by the testator or replaced with a new will. There is no expiry date for a valid will in India.
