Write your legacy right: How to make a valid will without hiring a lawyer

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Begin with a clear mind and simple language

It's intimidating to have to write a will, but it's nothing more than a written declaration of your desires for the way your property is to be divided after you're dead. You don't need arcane legalistic jargon or complicated provisions. The simpler and the clearer you can make it, the better. Begin by putting your full name, address, and a statement that says it's your last will and testament. Say that it voids all prior wills, if any. This leaves no doubt about your intent.

Enumerate your assets and beneficiaries

Second, enumerate your assets — savings accounts, real estate, jewels, investments, and even your digital assets. Be specific about what you have and where you have it. Then enumerate your beneficiaries and what each will receive. Don't get vague and create later trouble, so don't say "divide equally" unless that's what you really mean. If you want to leave something to a caregiver, charity, or friend, include them as well with identifying information like their address or relationship to you.

Give an honest executor a name

Executor is the person who will carry out your wishes as per the will. Choose someone dependable, preferably young and healthy, and familiar with your mission. You can also choose an alternate executor, in case your first choice fails to play this role. Inform your executor in advance and ensure they are okay with the job.

Get your will properly signed and witnessed

For your will to be valid under Indian law, you must sign the will and have at least two independent witnesses sign it. The witnesses must see you sign the will and then sign their own names in your presence. They cannot be beneficiaries of your will because in the future they might claim that they were bribed into signing it. You don't need to register your will, but registration at a sub-registrar's office provides a higher level of authenticity and avoids future disputes.

Keep it safe and current

Place the original copy of your will in a safe location — such as in a locker or with your executor — and inform trusted relatives where it is stored. Circumstances change, so your will should as well. Check it every few years or after significant events like marriage, the birth of a child, or purchasing real property. Keeping your will current guarantees that it is always true to your current desires.

FAQs

Q: Must a will be registered in India?

No, you may do it or not. But registration renders a will more authentic and less susceptible to forgery or alteration.

Q: Can a will be done on plain paper?

Yes, a will can be done on plain paper. You don't require stamp paper or notarization.

Q: If I die without a will, what happens?

In that event, your property will go by the laws of inheritance, and they may not be what you would have wanted.