Drafting a will online? Watch out for these common errors

An online will is ideal for individuals with straightforward estate plans seeking a convenient, cost-effective solution.

Writing a will is crucial to ensure that your assets are distributed according to your wishes, yet many people make avoidable mistakes that can lead to disputes or legal challenges. From vague language to neglecting to update after life changes, these errors can undermine your intentions and create an unnecessary burden for loved ones.

Creating a traditional will can be expensive and time-consuming, but online platforms have simplified the process, making it easier to create a valid and enforceable will.

Let’s look at the most common errors to avoid when drafting a will online, so you create a clear, legally sound document that reflects your wishes and protects your legacy for future generations.

Who should opt for an online will?

An online will is ideal for individuals with straightforward estate plans seeking a convenient, cost-effective solution. Those with simple assets, like bank accounts or personal property, and clear intentions for distribution can benefit from the ease of online platforms.

Young adults, single individuals, or those without complex financial portfolios often find online wills sufficient. However, people with multiple properties, or joint families may need tailored legal advice to address potential complications.

Online wills suit tech-savvy individuals comfortable with digital tools, but consulting a professional is best to ensure legal validity and clarity.

Charges for online wills

The cost of creating an online will in India typically ranges from Rs 2,000 to 10,000, depending on the platform and complexity of the will. Basic online will-drafting services, like those offered by WillJini, start at around Rs 5,500, while Vakilsearch charges start from Rs 4,499. Customised or premium services, such as lawyer-assisted wills with doorstep registration, may cost up to Rs 17,499.

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When should you write a will?

It's advisable to create a will during significant life milestones, such as marriage, having children, acquiring assets, starting a business, or other major life changes. If you have dependents, own property, or have specific wishes for your estate, a will is essential. Regular updates to your will are also important to reflect changing circumstances and ensure that your wishes are carried out.

Execution is essential

While online platforms can facilitate the creation of a will, the Indian Succession Act, 1925, requires physical presence for its execution. The testator must sign the will in the presence of at least two witnesses, who must also attest the signature, rendering online execution alone insufficient for validity under Indian law.

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Review the will regularly

After creating an online will, it's necessary to periodically revisit the platform (ideally every three-five years) to review and update the will as needed to reflect any changes.

Pros and cons of an online will

Pros

Convenience: create and update an online will anywhere, anytime, without needing in-person legal appointments.

Cost-effective: typically cheaper than hiring a lawyer, with many platforms offering affordable templates or services.

Speed: quick to draft and finalise, often within hours, ideal for urgent needs or busy schedules.

Guided process: user-friendly platforms provide step-by-step instructions, ensuring clarity and legal compliance.

Cons

Limited customisation: online wills may not accommodate complex estates or unique circumstances, as they lack tailored legal advice.

Legal validity: templates might not comply with specific state or country laws, potentially rendering the will invalid.

Lack of personal guidance: no direct attorney interaction, which can lead to errors while addressing individual needs.

Security concerns: online platforms carry a risk of data breaches or improper storage of sensitive information.

Ambiguity in execution: without professional oversight, improper signing or lack of witnesses can invalidate the will.