Is a handwritten note a valid Will? Here’s what the law says

Is a handwritten note a valid Will?

• A handwritten will needs two witnesses to be legally valid
• Plain paper wills are valid if signed by testator and witnesses.
• Without two witnesses, assets follow intestate succession law

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Whether a handwritten note titled “Will” and signed by a parent on plain paper can be treated as a valid  Will after their demise. Today's Ask Wallet Wise query decodes the legal requirements for a Will under the Indian Succession Act and why witnesses play a crucial role.

The Ask Wallet-Wise initiative offers expert advice on personal finance and money-related queries. You can email your queries to askwalletwise@nw18.com, and we will try to get a top financial expert to address them.

My mother has written on blank paper a rough note mentioning what she wanted to write in the Will. The title is Will and she has signed the page. Can I use this page as an unregistered Will. Now, both parents have passed away.

Expert's Advice: As per the provisions of Indian Succession Act, 1932 a will is not required to be registered nor it is required to be made on a stamp paper. No particular format of will is prescribed under the law. So a will made on a plain piece of paper is treated as a valid will provided other conditions required are satisfied.

As per Section 63 of Indian Succession Act, 1925 for a will to be valid it has to be signed by the testator and witnessed by minimum of two witnesses. So even if a will is signed by the testator but not signed by minimum of two witness, the document cannot be treated as a valid will under the law even if the testator intended it to be treated as a Will.

Since the rough note mentioning the intention of your mother is signed by her but is not signed by minimum of two witness, the same cannot legally be treated as a valid will under the law and cannot be acted upon.

In case she has not made any other will, she is said to have died intestate and her assets will be inherited by her legal heirs as per the provisions of personal law applicable to you.

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