Quick answer (60 seconds): The biggest will-drafting mistakes in India are invalid witnessing, vague asset descriptions, missing executors/guardians, ignoring nominations, leaving out a residuary clause, and relying on e-signs or stamp paper myths. A valid will must be signed by the testator and attested by two witnesses; registration is optional; e-signs are not accepted. (Indian Kanoon, India Code)
Last updated: 15 August 2025
Why this matters
A poorly drafted will can trap your family in years of litigation and prevent timely transmission of demat holdings, real estate, and business interests. This guide lists the most common drafting errors we see among Indian HNIs and retail investors—and the precise fixes.
What makes a will valid in India?
At a minimum, your will should follow these legal requirements:
- Execution & attestation: Signed by the testator and attested by two witnesses who sign in the testator’s presence. (Only one witness needs to be present at a time, though keeping both together is best practice.) (Indian Kanoon)
- Beneficiary as witness: A beneficiary can technically attest; the will remains valid, but a bequest to the attesting witness (or spouse) is void under Section 67 (note some personal-law exceptions apply). Avoid this conflict entirely. (India Code)
- Registration: Not compulsory under the Registration Act; it can add evidentiary strength but is optional. (India Code, Indian Kanoon)
- Stamp paper: Not required for wills; plain paper is fine. (Lexology)
- E-signatures: Indian IT Act excludes wills from e-signature validity—do not use digital/e-sign for wills. (India Code)
- Probate: Mandatory mainly for wills relating to properties within the original civil jurisdiction of the High Courts at Mumbai, Chennai, and Kolkata (with personal-law carve-outs). Elsewhere, probate is generally optional but often prudent. (Indian Kanoon)
Tip: If an elderly testator has mobility issues, some states now offer doorstep registration services (e.g., Pune initiative in 2025), underscoring that registration is optional but accessible. (The Times of India)
The 15 most common mistakes (and the fix)
| Mistake | Why it’s risky | The fix (what to write/do) |
|---|---|---|
| 1) Improper witnessing | Will can be challenged as invalid. | Ensure two adult witnesses sign in your presence; record full names, addresses, dates, and time. (Indian Kanoon) |
| 2) Beneficiary as witness | Gift to that witness may be void. | Use disinterested witnesses (e.g., your CA/doctor + a neighbour). (India Code) |
| 3) Vague asset descriptions | Banks/DPs won’t act; real estate disputes. | Identify assets precisely (folio/DP-ID/Client-ID; IFSC & account; property survey no., flat no., society name, city). |
| 4) No executor or only one, no alternate | No one with authority to act; delays. | Appoint a primary and an alternate executor (capable, available, trustworthy). |
| 5) No guardianship for minors | Court may appoint someone you didn’t intend. | Name a guardian and an alternate; for large bequests, route via a private trust. |
| 6) Skipping a residuary clause | Unlisted assets fall into intestacy. | Add: “I give all the rest, residue and remainder of my estate to …” |
| 7) Ignoring nominations | Mismatch causes friction. | Keep nominations aligned with your will. Note: nominees generally receive but are not ultimate owners vis-à-vis legal heirs (esp. insurance/shares). (Indian Kanoon, Private Client) |
| 8) Assuming nominee = owner | Heirs can still claim; societies/companies follow distinct rules. | For cooperative flats, society must transfer to nominee, but title disputes remain open among heirs; for shares/securities, nomination does not override succession law. Document intent in the will. (azb, CBFL) |
| 9) Relying on e-sign or scans | Legally ineffective for wills. | Wet-ink signatures only; original pages initialled; corrections countersigned. (India Code) |
| 10) Not addressing foreign/overseas assets | Different probate laws; bank blocks. | Include a separate schedule for overseas assets; consider a “situs will” in that country after legal advice. |
| 11) No plan for business interests | Family deadlock; board stasis. | Add buy-sell directions, tag/drag, or bequeath to a holding/HSOP trust with clear trustee powers. |
| 12) Unclear tax & expense clause | Heirs fight over who pays. | State: “All my just debts, funeral/estate administration expenses, and taxes shall be paid from the residuary estate unless otherwise specified.” |
| 13) Failing to consider personal law | Portions of will may be invalid. | Muslims generally can bequeath only up to one-third without heirs’ consent; Hindus can also will their undivided coparcenary interest. (lc2.du.ac.in, Live Law) |
| 14) Not updating after life events | Outdated beneficiaries; new assets missing. | Review after marriage, divorce, birth, death, major liquidity event, or change of residency. |
| 15) Poor document hygiene | Competing versions; authenticity doubts. | Date every page, number pages (“1 of 6”), initial all pages; store originals in a safe place and tell your executor where. |
Clauses Indian testators often forget (with safe wording)
Revocation: “I hereby revoke all prior wills and codicils.”
Residuary bequest: “I give, devise and bequeath all the rest, residue and remainder of my estate, wherever situated, to .”
Guardianship: “I appoint as guardian of my minor child , with as alternate.”
Executor powers: “My executor may sell, encash, or distribute assets in specie, settle claims, and engage professionals on usual terms.”
Digital & demat assets schedule: Attach a sealed schedule listing DP-ID/Client-ID, broker codes, email credentials (in a password manager) and directions to 2FA backup.
Special points on nominations (insurance, securities, housing society)
- Life insurance: Supreme Court in Sarbati Devi v. Usha Devi held a nominee is only a receiver, not the beneficial owner; proceeds ultimately devolve per succession law or will. (Indian Kanoon)
- Shares & mutual funds: The Supreme Court has clarified that nomination does not create a “third line of succession”; succession law (or a valid will) prevails over the nominee’s claim to ownership. (CBFL, vaishlaw.com)
- Co-operative housing society flats: Societies must transfer membership to the nominee, but title disputes remain open—legal heirs can still assert rights. Align your will with your nomination. (azb)
Muslim and Hindu personal-law nuances (often overlooked)
- Muslim wills (Wasiyat): Generally valid up to one-third of the estate without heirs’ consent; beyond that, consent is required. Draft within this limit or obtain consent separately. (lc2.du.ac.in)
- Hindu coparcenary interests: A Hindu can bequeath his or her undivided interest in Mitakshara coparcenary property; state this clearly to avoid survivorship ambiguity. (Live Law)
Pre-signing checklist (print and attach)
- Two disinterested witnesses with full details (name, address, ID proof). (Indian Kanoon)
- Testator and each witness sign/initial every page; corrections countersigned.
- Executor(s) and alternate named; contact information noted.
- Guardians for minors; consider a testamentary trust for significant sums.
- Asset schedules: real estate details, demat (DP-ID/Client-ID), MF folios, PMS/AIF units, bank accounts, lockers (branch and locker no.).
- Nominations reviewed and aligned with will intent; note any divergences explicitly. (CBFL)
- Original stored securely; executor knows location; optional sealed copy with family lawyer.
- If in Mumbai/Chennai/Kolkata (or assets there), discuss probate with counsel. (Indian Kanoon)
Mini-FAQ
Do I need to register my will?
No. Registration is optional under the Registration Act, 1908, though it can help as evidence. (India Code)
Can I write my will on stamp paper or e-sign it?
Stamp paper is not required; plain paper is acceptable. Do not use e-signatures—wills are excluded from the IT Act’s e-signature framework. (Lexology, India Code)
Can my daughter/son who inherits also be a witness?
Avoid it. The will can remain valid, but the legacy to an attesting witness (or spouse) is void—choose neutral witnesses. (India Code)
I have a joint family property. Can I will my share?
Yes—Hindu coparceners can bequeath their undivided interest; specify it clearly in the will. (Live Law)
Conclusion
A will is simple to execute—if you avoid the traps above. Focus on valid witnessing, precise asset schedules, aligned nominations, thoughtful executors/guardians, and a strong residuary clause. For complex estates (businesses, cross-border assets, trusts), combine your will with a family trust and a probate plan to save your heirs time and stress.
Related reading on Endovia Wealth:
Will vs Trust: What’s Better for Estate Planning? • What is Probate and Why It Matters • Role of Guardianship in Estate Plans • Holding Companies in Estate Structures
Sources & references
Indian Succession Act, 1925 (Sections 63, 67, 213). (Indian Kanoon, India Code)
Registration Act, 1908 (registration of wills optional). (India Code)
Information Technology Act, 2000 (wills excluded from e-signature). (India Code)
SC on nomination vs succession: Sarbati Devi v. Usha Devi (insurance); Shakti Yezdani v. Salgaonkar (securities); Indrani Wahi (housing societies). (Indian Kanoon, CBFL, azb)
SC on Hindu coparcenary interest by will (Section 30, HSA). (Live Law)