How to execute a will in India?

In India, executing a will begins with the testator, the person making the will drafting a clear document outlining their assets (property, bank accounts, investments, personal belongings), beneficiaries, and appointed executor, who will manage distribution after their death. But how do you execute a will? The will must include the testator’s full name, address, declaration of mental capacity, and voluntary intent. All assets should be specified accurately, including their location or approximate value, to avoid ambiguity that could lead to legal disputes.

How to Execute Will after Death in India?

• Once drafted (on plain or stamp paper), the execution requires the testator’s signature or thumb impression in the presence of at least two independent witnesses. These witnesses must also sign, confirming they observed the signing and verify the testator’s soundness of mind.

• Witnesses should preferably be non‑beneficiaries to reduce any challenge to the will’s validity.

• While Indian law (Indian Succession Act, 1925) doesn’t mandate registration, you may opt to register the will at the Sub-Registrar’s office under the Registration Act, 1908. Registration adds public record and protection, making the document harder to tamper with and simplifying inheritance procedures.

• At registration, you pay a nominal fee, present ID proof, and the registrar retains the original, offering a certified copy to the testator for safe custody.

• After signing and optional registration, keep the original will in a secure place like a bank locker, your lawyer’s office, or registered Sub‑Registrar’s records and share a copy with the executor.

• You can revise your will anytime by executing a new one (revoking prior versions).

In the event of death, the executor applies for probate (court certification) in a civil court, especially for immovable assets. Probate legitimises the executor’s authority to distribute the estate. While probate is necessary in some states, it may be optional in others.

A will is a legal declaration of the wishes expressed by a person about his/her property

how it will be distributed after his/her death. In other words, we can say who will be his/her heirs or who will manage his/her property till it is distributed finally. Executing a will is a huge responsibility and if you are someone who has been given this opportunity then you must think how to execute property will in India. If that is the case, I will help you out.

There are two ways of distribution of property after a person dies. One way is the distribution will be done according to his/her will. In case the will is not made then the distribution is done as per the succession laws. 

If a person has made a will, it becomes easy to distribute the property as per his/her wish and it is ensured that the right heirs get the right share of the property. It is not mandatory to get the will registered. Neither does it require any stamp duty. However, it is advisable to get it registered to avoid any conflicts in future.

In case, two wills have been made, the latest one will be executed. If there are two wills, one is registered and other is not, in that case the registered will has to be executed. 

It is important that the will must be signed or marked with a thumb impression and attested by two or more witnesses as per law. The will can be executed only after the death of the testator (the person who has made the will). During his/her lifetime it cannot be executed. 

The process involved in

executing a will is as follows:

• Locate the will

• Create a list of assets and liabilities

• Gather all the beneficiaries and read the will aloud to them

• If the will requires probate then apply for it

• After that fill the forms to transfer financial assets and debts

• Once all of this is done, file the ITR on behalf of the deceased

• Provide beneficiaries with their estate

This is how executing a will looks like in a nutshell.