Checklist for Preparing a Legally Valid Will in India
Linking Assets to Records – From Property Papers to Bank Accounts
Drafting Language, Evidence Rules, and Legal Formalities
By Vishwas Kumar
New Delhi: April 29, 2026:
Preparing a will requires meticulous documentation and compliance with statutory requirements under the Indian Succession Act, 1925 and the Indian Evidence Act, 1872. A testator must ensure that every asset is properly recorded, beneficiaries are clearly named, and execution follows legal procedure. The following checklist serves as a practical tool to organize documents and requirements before drafting a will.
To understand how courts interpret testamentary succession, resolve competing claims among heirs, and apply legal principles to property disputes, refer to the judgment in V. Kalyanaswamy v. L. Bakthavatsalam, which offers important insights into will validity and succession law in India.
Checklist of Documents and Records
A. Immovable Property
- Title deeds, sale deeds, or gift deeds.
- Mutation records and property tax receipts.
- Encumbrance certificate (to confirm property is free of liabilities).
- Lease agreements (if leasehold property).
- Agricultural land records (patta, khata, revenue records).
B. Movable Property
- Vehicle registration certificates (RC book) and insurance papers.
- Jewellery valuation certificates.
- Art collections or antiques with purchase receipts.
- Household valuables with inventory list.
C. Financial Assets
- Bank account details (account numbers, branch, IFSC).
- Fixed deposit receipts.
- Demat account details for shares and securities.
- Mutual fund folios and bond certificates.
- Insurance policy documents (policy number, maturity value).
- Retirement funds (PF, pension accounts).
- Digital assets (cryptocurrency wallets, online accounts).
D. Liabilities and Loans
- Loan agreements and repayment schedules.
- Credit card statements (if significant).
- Mortgage deeds.
E. Other Records
- Nomination forms (banks, insurance, PF).
- Trust deeds (if property is linked to a trust).
- Charitable commitments or pledges.
3. Drafting Language Essentials
- Use plain, unambiguous language.
- Clearly identify beneficiaries with full names and relationships.
- Specify specific bequests (e.g., “My gold chain to my daughter”).
- Include residuary clause (e.g., “All remaining assets to my son”).
- State reasons for exclusion of heirs if relevant (to avoid suspicion).
- Avoid conflicting clauses; under Section 88, later clauses prevail if irreconcilable.
4. Evidence Law Requirements
- Section 63, Succession Act: Testator must sign or affix a mark.
- Attestation: At least two competent witnesses must sign in the presence of testator. No need of both witnesses to sign together. One can sign separately.
- Section 68, Evidence Act: One attesting witness must testify in court if challenged.
- Section 69, Evidence Act: If witnesses unavailable, proof may be through handwriting.
- Witnesses must be neutral; avoid minors or beneficiaries as witnesses.
Legal Formalities
- Executor Appointment (Section 222): Probate can only be granted to an executor named in the will.
- Safe Custody: Store will in a secure place (bank locker, registrar’s office, or with executor).
- Registration: Optional under Registration Act, 1908, but strengthens evidentiary value.
- Updating: Revise will after major life events (marriage, divorce, birth, property acquisition).
Broader Significance
This checklist ensures that wills are not only comprehensive but also legally enforceable. Courts have consistently reinforced that testamentary freedom is valid only when statutory requirements are met. Proper documentation, clarity of language, and compliance with evidence laws protect beneficiaries and uphold the testator’s intent.
[RESEARCH RESOURCES]
EXTRACTS FROM BOOK, WILL WRITING SIMPLIFIED, By Dr Ravinder Kumar Anand. [📘 Buy Will Writing Simplified online: Amazon | Flipkart ]
PREFACE
Writing a Will is one of the most important steps an individual can take to secure the future of their family and loved ones. Yet, it is often postponed due to misconceptions, lack of awareness, or uncertainty about legal requirements. A Will is not merely a legal document it is a final expression of one’s wishes, affection, and responsibility. In its absence, families often face disputes, strained relationships, and prolonged litigation.
Drawing upon my academic background in commerce and law, I have observed that hesitation in preparing a Will mainly arises from inadequate information and the perceived complexity of drafting it. This book, “Will Writing Simplified”, seeks to remove those barriers by presenting the subject in a clear, practical and dependable manner.
This book guides the reader step-by-step through the following themes:
• Basics about Will.
• Supreme Court guidelines on Will (derived from Meena Pradhan & Others vs. Kamla Pradhan & Another, (2023) 09 SC CK 0045).
• Important Instructions on execution and Signing of Will, Revocation of Will, and Codicil.
• 39 Draft Formats of Last Will and Testament.
• 8 Draft Formats of Revocation of Will.
• 8 Draft Formats of Codicil.
• Basics about Probate and Intestate.
• 8 Draft Formats of Petition for Probate.
• Letters of Administration – Meaning, Scope, Procedure, Practical Aspects, and Form of Letter of Administration.
• 8 Draft Formats of Letters of Administration.
• Basics about Succession Certificate.
• 8 Draft Formats of Application for Grant of Succession Certificate.
• Suspicious Circumstances Surrounding the Will & the Role of Propounder Described in few of (27 Nos.) Hon’ble Supreme Court Judgements.
• 123 Summaries of Important Judgements of Hon’ble Supreme Court of India on disputes concerning Wills.
• The Indian Succession Act, 1925.
• The Repealing and Amending Act, 2025.
• The Hindu Succession Act, 1956.
• Table of Cases.
• Index.
This book has been written for lawyers, students, and professionals, as well as for individuals who wish to prepare their own Will with clarity and confidence. The formats, statutory references and judicial summaries ensure accuracy, while the explanations simplify technical concepts without compromising legal precision.
It is my sincere hope that this book enables readers to draft Wills that are legally valid, unambiguous and truly reflective of their intent—bringing peace of mind to them and harmony within their families.
I express my deep gratitude to my wife, Dr. Veena Anand (B.Com (Hons.), M.Com., M.Phil., Ph.D.), Retired Reader in Commerce, University of Delhi, whose constant encouragement, guidance and inspiration made this work possible.
Dr. Ravinder Kumar Anand
B.Com (Hons.), FCMA, LL.B., LL.M., Ph.D.
Author Advocate
Dated 15.01.2026
FAQs
Q1: Is registration of a will mandatory?
No. Registration is optional but strengthens proof in court.
Q2: How many witnesses are required?
Two competent witnesses. One must testify in court if challenged.
Q3: Can a nominee inherit property?
No. Nominees are trustees for heirs. Beneficiaries must be named in a will (Sarbati Devi v. Usha Devi, 1984).
Q4: What documents should be collected before drafting a will?
Property deeds, bank details, investments, insurance policies, liabilities, and movable property records.
Q5: What happens if a will is unclear?
Ambiguity leads to disputes. Courts interpret holistically but unclear drafting may reduce beneficiaries’ entitlements.
Q6: Can unborn children be beneficiaries?
Yes, under Section 112, provided they are born within the lifetime of a living person at the testator’s death.
Q7: What if no executor is appointed?
Courts appoint administrators, delaying probate. Naming an executor is strongly advised.
Q8: When should a will be updated?
After major life events such as marriage, divorce, birth of children, or acquisition of property.
In conclusion, this checklist provides a practical roadmap for testators. By linking assets to records, drafting with clarity, complying with evidence laws, and observing legal formalities, individuals can ensure their wills withstand judicial scrutiny and faithfully reflect their wishes.