Will Drafting & Registration Online

What is a will?

A will is a legal declaration in which a person – the testator – says who should receive their property after their death and who should carry out those wishes. Without a will, property passes under the succession law that applies to you, which may not match what you want and often leads to long disputes among family members. Will drafting by a lawyer makes sure your wishes are written clearly, the will is signed correctly, and it is hard to challenge later.

Who can make a will?

Any adult of sound mind can make a will – the law asks only that you understand what you own, who your family members are and what the will does. A will made under pressure, fraud or undue influence can be challenged, so it should reflect your free decision. For elderly testators or those with health conditions, a doctor's certificate of mental fitness on the date of signing is strong protection against later disputes.

What you can include in a will

• Self-acquired property – houses, land, bank deposits, investments, vehicles, jewellery and business interests
• Your share of joint or ancestral property that you are entitled to dispose of
• Specific gifts to named people or charities
• A residuary clause for everything not specifically mentioned, including assets you acquire later
• An executor to carry out the will
• A guardian for minor children
• Digital assets and instructions about online accounts and personal records

Personal laws can limit what a will can cover – for example, Muslims can generally bequeath only up to one-third of their estate by will without the heirs' consent. We explain any such limits that apply to you.

How to make a will legally valid

1. Write it clearly – it can be typed on plain paper; no stamp paper or stamp duty is needed.
2. Sign it in the presence of two witnesses.
3. Have the two witnesses sign in your presence. Avoid using beneficiaries or their spouses as witnesses – a gift to a witness can be void.
4. Date it, and revoke earlier wills in the text.
5. Keep it safe, and tell the executor where it is.

Should you register your will?

Registration is optional – a properly signed and witnessed will is valid without it. Registering it with the sub-registrar makes it much harder to dispute, because the registrar records your identity and signature, and the registered copy cannot be lost or tampered with. You can also deposit a sealed will with the registrar for safe keeping.

Nominees are not heirs

A nominee in a bank account, insurance policy or other investment is often only a custodian who collects the money and holds it for the legal heirs. If you want a particular person to inherit those assets, say so in your will, and keep your nominations consistent with it.

Probate and after death

Probate is a court's certification that a will is genuine. Whether it is needed depends on where you live, where the property is and the institutions involved – banks, housing societies and registrars sometimes ask for it before transferring assets. A clear, registered will with a named executor makes this step easier for your family, whether or not probate is required.

Changing your will

You can change or cancel your will any time while you are alive. Small changes can be made through a codicil signed with the same formalities; for bigger changes, make a fresh will that revokes the old one. Review your will after major life events – marriage, children, buying or selling property, or the death of a beneficiary.

Related documents

To transfer property during your lifetime, use a gift deed. If you want someone to manage your affairs while you are alive, a power of attorney is the right document. When family members inherit jointly, a relinquishment deed or partition deed settles who keeps what. For advice on a complex estate, speak to us about estate planning.