What is will

Section 2(h) of the Indian Succession Act, 1925 defines Will as: “Will means the legal
declaration of the intention of a testator with respect to his property which he desires to be
carried into effect after his death.”

A will is a testament or a written document through which an individual (testator) can describe
how wealth of that individual is to be distributed among his/her descendants. The person making
the Will can also name an executor i.e. a person who would carry out the proceedings of the
Will, along with naming legal guardians for the testator’s children especially in case they are
minors. It is a legal declaration regarding the distribution and management of property of a
person after their death.

Section 2(b) of the Indian Succession Act, 1925 defines Codicil as: “Codicil is an instrument
made in relation to a will, and explaining, altering or adding to its disposition, and shall be
deemed to form part of the will.”

The purpose of codicil is to make some small changes in the Will, which has already been
executed. If the testator wants to change the names of the executors by adding some other names,
or wants to change certain bequests by adding to the names of the legatees or subtracting some of
them, a Codicil in addition to the Will can be made to do so. The codicil must be reduced to
writing and has to be signed by the testator and attested by two witnesses. It is also the duty of
the court to arrive at the intention of the testator by reading the Will and all the codicils.

Essentials of a Will

A Will has the following essential characteristics:

1. The intention of the testator must be to take effect after his death
2. A Will is a form of the legal declaration of such intention
3. The declaration must involve the manner of disposal of the property
4. The Will can be revoked or altered during the lifetime of the testator

Who can make a will

Section 59 of the Indian Succession Act, 1925 speaks of person capable of making a will.

 A person of sound mind

 A person who is not a minor (above 18 years of age in India) are capable of making a
will.
 Any person who thinks of bequeathing (giving their property) to the person who are near
and dear to them and who are looking after their comforts.
How to Draft a Will?

There is no standard form prescribed by law regarding drafting a will.

 The language of the will should be clear and unambiguous.

 The properties should be described with complete clarity.
 A will is drafted in first person.

What should be included in a will?

In a will the following details are to be included:

1. Details of the testator- The name, age, address and other details which shall help in
identifying who is making the will and when is it being drawn.
2. Declaration - It is very important that the testator declares that he/she is of sound mind
and free of any coercion while drawing the will.
3. Details of the beneficiary - The details of who shall be benefitting out of this will and to
whom shall the assets be divided should be given as their name, age, address and relation
to the testator. 
4. The executor of the will - It is very important to appoint an executor who would ensure
that the will is carried out according to the directions provided by the testator. The name,
age, address and relation to the testator should be specified as well.
5. Details of property and assets - It is pertinent to list out all the details of the assets and
properties that a testator has, and which are the ones that shall be covered in the will.
He/she can also list out any specific assets that are there.
6. Division of share - The share that each beneficiary has on the property or the specifics of
who shall get what is to be listed in full detail. If the asset is to be given to a minor, then a
custodian for the minor should also be listed in the will.  
7. Specific Directions - The testator should give directions in terms of executing the Will
and should specify if there are any instructions 
8. Witness - There should be a signature by the testator in the presence of at least 2
witnesses. The witnesses do not need to know the details of the will they just have to
verify that the signature by the testator was done before them.
9. Signature - The testator should sign with the date on the will after the last statement.