Step-by-Step Guide to Writing a Will

September 14, 2025

Many people assume that making a will is necessary only for the wealthy or the elderly. In reality, a will is important for everyone—whether you have dependents, modest savings, or specific responsibilities. A will ensures your wishes are respected, prevents disputes, and offers peace of mind to your loved ones.

Nomination vs. Inheritance

One common misconception is that nominating someone for your assets is enough. In truth, a nominee is only a custodian and must transfer the assets to the legal heirs. Unless you write a will, inheritance is governed by succession laws, which can create confusion and conflicts among multiple heirs.

Essential Elements of a Will

According to legal experts, you can draft a valid will from the comfort of your home. The key components are:

• Personal details – Include your name, age, address, and religion (since inheritance laws differ by religion).
• Revocation clause – Cancel all previous wills to prevent legal ambiguity.
• Sound mind declaration – State that you are making the will freely, in full consciousness, and without pressure.
• Asset distribution – Clearly list your assets and how they should be passed on. You may choose:
  • Itemized: Assigning specific assets to individuals
  • Entire estate: Leaving everything to one person
  • Percentage-based: Dividing assets proportionately among heirs
  • Hybrid: A mix, e.g., all assets to spouse except jewellery to parents
• Guardianship for minors – Appoint a guardian for children under 18 and optionally add a “letter of wishes.”
• Executor appointment – Name a reliable person to implement your will.
• Residuary clause – Cover any unlisted or future assets to avoid legal gaps.

Witnessing & Registration

• Print the will on plain paper.
• Sign it in the presence of two witnesses, including their details.
• No stamp paper, notarization, or registration is compulsory.
• However, registration and video recording of the signing add credibility in case of disputes.

Special Considerations

• Digital wills: Indian law requires a physical signature, so online drafts must be printed and signed.
• Foreign assets: If you own property abroad, prepare a separate will for each country in line with local laws.
• Trusts: For complex estates or vulnerable dependents (e.g., children with special needs), setting up a trust may be more appropriate than a will alone.

Final Thoughts

Writing a will is not about pessimism—it’s about responsibility. It secures your family’s future, minimizes legal complications, and ensures your assets are distributed according to your wishes.

Update your will regularly, especially after major life events such as marriage, childbirth, or buying property. Encourage your parents and loved ones to make one too.

A will is not just about wealth—it’s about clarity, security, and peace of mind.