Special Situations and Modern Considerations
Online platforms provide templates and guidance for drafting wills digitally. However, the final will must still be printed, signed physically, and witnessed according to Indian law requirements.
No, Indian law currently does not recognize digital signatures for wills. The testator and witnesses must physically sign the printed document.
NRIs should create separate wills for Indian assets to comply with Indian laws. They can draft wills from abroad but should follow Indian legal requirements for Indian property.
While possible, it's generally not recommended as multiple wills can create confusion and conflicts. One comprehensive will covering all assets is usually better.
Business interests can be bequeathed like other assets. Consider creating succession plans for business continuity and specify whether beneficiaries receive ownership, management rights, or just financial benefits.
Digital assets including cryptocurrency can be included in wills. Provide clear access information including wallet addresses, private keys, and access instructions for your executor.
Store your will in a fireproof safe, with your lawyer, in a bank safety deposit box, or use professional will storage services. Inform your executor about the location.
Joint wills are possible but not recommended as they become irrevocable after one spouse's death, limiting the survivor's flexibility to make changes based on changing circumstances.
Review your will every 3-5 years or after major life events like marriage, divorce, births, deaths, significant asset changes, or major law changes.
Trusts provide more control over asset distribution, privacy, and can help with tax planning. However, they're more complex and expensive than wills. Many people use both tools in comprehensive estate planning.
