Preparing a will may seem simple, but even a small mistake can lead to years of family disputes and court battles. Many people assume that just writing down how they want their property to be divided is enough—but in reality, a valid will requires specific legal steps. Even a missing signature, unclear wording, or the absence of witnesses can render a will invalid in the eyes of the law.
Creating a will is one of the most important steps in ensuring your assets are distributed peacefully after your passing. However, according to legal experts, many people make small yet costly mistakes that eventually turn a straightforward inheritance into a prolonged legal fight.
Under Section 63 of the Indian Succession Act, 1925, a will must be written and signed by the person making it (known as the testator) in the presence of two independent witnesses. Both witnesses must also sign the document. If any part of this process is incomplete, the will can be legally challenged.
Use Clear and Unambiguous Language:
The will should be written in simple, precise language to avoid any confusion or misinterpretation. Vague or contradictory statements can lead to family disputes.
Sign in the Presence of Witnesses:
The testator must sign the will before two independent witnesses, and both witnesses should also sign it. These witnesses cannot be direct beneficiaries of the will.
Ensure Mental Fitness:
Obtaining a medical fitness certificate and recording a short video while signing the will can help prove that the testator was of sound mind and not under any pressure or influence at the time.
Update the Will Regularly:
Life events such as marriage, divorce, the birth of a child, or the purchase of new property should prompt you to review and update your will. Outdated information can cause confusion or make parts of the will invalid.
Appoint a Guardian for Minor Children:
If you have underage children, clearly name a guardian to take care of them and manage their share of the inheritance.
Include Digital Assets:
Don’t forget to mention online assets such as bank accounts, investments, or digital wallets. Many people overlook this aspect, leading to difficulties later.
Register the Will (Optional but Recommended):
Though registration of a will is not mandatory, having it registered with the Sub-Registrar’s Office adds authenticity and minimizes the risk of forgery or disputes.
Communicate with Your Family:
Discuss your decisions with your family members to maintain transparency. This helps prevent misunderstandings and ensures your wishes are respected after your death.
In short, writing a will is not just about dividing your property—it’s about ensuring peace and clarity for your loved ones after you’re gone. By following the correct legal procedure and avoiding common mistakes, you can make sure your assets are distributed exactly the way you intend, without dragging your family into court.
