Indian Succession Act 1925 · Estate Planning

Will Drafting Lawyer in Delhi Protect Your Legacy & Loved Ones.

A properly drafted Will is one of the most important steps you can take to protect your family — bringing clarity, peace, and legal certainty. We draft Wills, NRI Wills, Living Wills, Codicils and estate-planning documents under Indian succession law.

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Will Drafting & Estate Planning

Secure Your Legacy Today.

Making a Will is one of the most important steps you can take to protect your family's future. Without a valid Will, your property may be distributed according to intestate succession laws rather than according to your personal wishes.

A properly drafted Will — precise, legally valid, and properly witnessed — ensures your intentions are recorded clearly and reduces the risk of future family disputes.

01 Choose Beneficiaries Decide exactly who receives each asset.

02 Name an Executor Appoint someone you trust to administer the estate.

03 Protect Dependants Plan for spouse, children and special dependants.

04 Reduce Disputes Clear drafting helps avoid ambiguity and litigation.

Why Planning Matters

With a Will. Without a Will.

With a Proper Will

Your property goes to people you choose
Family disputes may be reduced
Spouse, children and dependants can be protected
Guardians can be named for minor children
Charitable bequests and trusts may be created
NRI assets in India can be specifically dealt with
You may exclude persons within applicable legal limits

If You Die Intestate

Property follows statutory succession rules
Shares may differ from your actual wishes
Persons you wanted to exclude may still inherit
Non-heirs such as charities may receive nothing
Minor children's interests may require court processes
Family disputes can become prolonged
Succession Certificates or Letters of Administration may be required

Estate Planning Services

Will Drafting & Estate Planning Services We Offer.

Most Common

Simple Will Drafting

Legally valid drafting covering movable and immovable assets in India, with clear beneficiary identification.

Online Available

NRI Will Drafting

Wills for NRI clients covering Indian property, accounts, investments, jewellery and other assets.

Strongly Recommended

Will Registration

Assistance with registration before the Sub-Registrar to create an official record of the Will.

Will Update

Codicil — Will Amendment

Amend specific provisions of an existing Will without replacing the entire document.

Court Process

Probate Proceedings

Probate petition drafting, filing and representation through the court process.

No-Will Situations

Succession Certificate

Court authorisation for collection of movable assets such as bank balances, deposits and shares.

Advanced Planning

Testamentary Trust

Trust arrangements created through a Will for minors, special-needs dependants or phased asset distribution.

Medical Directive

Living Will

Advance Medical Directives recording treatment preferences where a person later becomes unable to communicate.

01 / Legal Capacity

Who Can Make a Will — Legal Requirements.

Under Section 59 of the Indian Succession Act, 1925, every person of sound mind and not being a minor is capable of making a Will.

Must be at least 18 years of age.

Must be of sound mind at the time the Will is made.

Applies to Hindus, Sikhs, Jains, Buddhists, Christians and Parsis.

A Will made during a lucid interval may be valid.

A deaf, dumb or blind person may also make a valid Will.

02 / Validity Requirements

Essential Formalities for a Valid Will.

The Will must be in writing — typed or handwritten.

It must be signed by the testator or by a person directed by the testator in their presence.

It must be attested by at least two witnesses.

Witnesses must sign in the presence of the testator.

A beneficiary should not act as a witness because it can affect the bequest.

No stamp duty is payable on a Will.

03 / Personal Law

Special Rules for Muslim Wills.

1/3

Wasiyyat

Testamentary limit under Muslim Personal Law

Muslims are governed by Muslim Personal Law for succession.

A person may generally bequeath only up to one-third of the estate through a Will.

The remaining two-thirds is distributed according to inheritance rules.

A bequest beyond one-third generally requires consent of surviving heirs.

A Will in favour of an existing heir may require consent of the other heirs.

04 / Estate Composition

What Can & Cannot Be Included in a Will.

Asset / Property Status Note

House, land or flat Yes Immovable property can be specifically bequeathed.

Bank accounts & FDs Yes Financial institutions may require further succession documents.

Jewellery & valuables Yes Specific description helps reduce disputes.

Shares & mutual funds Yes Transmission and nomination rules also apply.

Business interests Yes Subject to partnership or shareholder arrangements.

Intellectual property rights Yes Copyrights, royalties and other rights may be dealt with.

HUF coparcenary property Limited Only the testator's own share may be dealt with.

Joint account with survivorship clause Limited Survivorship arrangements may operate independently.

Property already transferred away No You cannot bequeath property you no longer own.

Our Drafting Method

From Your Wishes to a Legally Executed Will.

Every Will is prepared through a structured process designed to reduce ambiguity, document intention clearly, and strengthen future enforceability.

01 Initial Consultation Family structure, assets, beneficiaries and concerns.

02 Asset Inventory Property, bank accounts, investments and business interests.

03 Executor & Guardian Identify suitable persons for administration and minor children.

04 Will Drafting Clear asset identification, bequests and protective clauses.

05 Review & Approval Clause-by-clause review and revisions.

06 Execution Signing and attestation by two witnesses.

07 Registration Sub-Registrar process where registration is chosen.

08 Safe Custody & Review Secure storage and periodic review after major life events.

06 / Post-Death Processes

Probate & Succession Certificate — Two Different Court Processes.

After the death of the testator, additional court procedures may be needed to establish authority over the estate and enable assets to be administered.

01 Will Exists

Probate

Probate certifies the validity of a Will and authorises the executor to administer the estate.

Forum Delhi High Court

Primary Document Original Will

Applicant Executor

02 Movable Assets / No Will

Succession Certificate

Court authority used to collect certain movable assets such as bank balances, deposits and shares.

Forum Delhi District Court

Assets Movable Property

Purpose Collection / Transmission

Common Probate Documents

Original Will

Death certificate

Executor identity & address proof

Asset list and estimated values

Executor affidavit

Applicable court fee

Attesting witness affidavits where available

Week 1

Petition Filed

Probate or Succession Certificate petition filed with supporting documents.

Week 2–6

Notice & Publication

Notice is issued to interested parties and public notice may be published.

Month 2–4

Objections & Hearing

Objections, if any, are considered and evidence may be recorded.

Month 3–8

Grant

Court grants Probate Order or Succession Certificate when requirements are satisfied.

07 / Risk Prevention

Grounds for Challenging a Will — and How We Reduce the Risk.

Lack of Testamentary Capacity

Challenge that the testator was not of sound mind when the Will was made.

Safeguard: medical evidence where advisable.

Undue Influence

Allegation that a beneficiary pressured the testator into making the Will.

Safeguard: independent drafting and execution.

Fraud or Forgery

Allegation that the Will or signature is not genuine.

Safeguard: registration and documented execution.

Improper Execution

Challenge based on defective signing or witness requirements.

Safeguard: strict compliance with execution formalities.

Later Will

Claim that a later Will revoked or replaced the document relied upon.

Safeguard: clear revocation clauses and Will history.

Suspicious Circumstances

Courts may scrutinise unusual circumstances surrounding preparation or execution.

Safeguard: independent and well-documented execution.

08 / Leading Authorities

Landmark Cases on Will Drafting & Succession.

01 AIR 1959 SC 443

H. Venkatachala Iyengar v. B.N. Thimmajamma

Proof of a Will & Suspicious Circumstances

The Supreme Court explained the principles governing proof of a Will and the need to remove suspicious circumstances before the court accepts the document.

02 AIR 1929 PC 114

Sarat Kumari Bibi v. Sakhi Chand

Burden of Proving a Will

The person relying upon a Will must establish testamentary capacity and proper execution according to the applicable legal standard.

03 (2018) 5 SCC 1

Common Cause v. Union of India

Living Will / Advance Medical Directive

The Constitution Bench recognised Living Wills and Advance Medical Directives within the legal framework governing end-of-life medical decisions.

09 / Frequently Asked Questions

Will Drafting in India — FAQs.

What is a Will and who can make one in India?

A Will is a written legal declaration stating how a person wishes their property to be distributed after death. Under Section 59 of the Indian Succession Act, a person of sound mind who has attained the required legal age may make a Will, subject to applicable personal law.

Does a Will need to be registered in India?

Registration is not mandatory. A properly executed unregistered Will may still be legally valid. Registration can, however, create an official record and help reduce certain authenticity disputes.

What is Probate?

Probate is a court order confirming the validity of a Will and granting authority to the executor to administer the estate.

What happens if a person dies without a Will?

The estate is distributed according to the applicable succession law, which may depend on religion and personal law. The distribution may not match the deceased person's personal wishes.

Can a Will be challenged in court?

Yes. Common grounds include lack of capacity, undue influence, fraud or forgery, defective execution and suspicious circumstances.

Can a Will be changed or revoked?

Yes. A person of sound mind may generally amend the Will through a Codicil or execute a fresh Will that revokes previous Wills.

What is a Living Will?

A Living Will or Advance Medical Directive records a person's wishes concerning future medical treatment where they later become unable to communicate.

Can NRIs make a Will in India for property held here?

Yes. NRI clients may prepare a Will dealing with property and other assets situated in India, subject to applicable Indian succession law.

Full Practice Scope

Matrimonial, Family & Succession Law Services.

01 Divorce Lawyer Contested & uncontested divorce 02 Mutual Divorce Fast, amicable dissolution 03 NRI Divorce Cross-border matrimonial law 04 Child Custody Custody & visitation 05 Maintenance Law Interim & permanent maintenance 06 Domestic Violence Protection & monetary relief 06 498A IPC Bail, quashing & trial defence 06 Will Drafting Wills, probate & succession

Plan Your Estate

Protect Your Legacy and Your Family.

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Services Will · Codicil · Probate · Succession

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