Why a properly drafted will matters

A will is the simplest and cheapest succession-planning tool. Drafted under Section 63 of the Indian Succession Act, 1925, it must be signed by the testator and attested by two witnesses who saw the testator sign or received personal acknowledgement. A badly drafted will leads to decade-long disputes; a well-drafted one is registered at the Sub-Registrar Kota at minimal cost and gives the heirs clarity.

What a will should contain

Identification of the testator, declaration of sound mind and that this is the last will, revocation of all earlier wills, appointment of executor(s), schedule of assets (immovable, financial, business interests), specific and residuary bequests, guardianship provisions for minor children, charitable bequests if any, and witness attestation. Joint or mutual wills between spouses are valid but require careful drafting.

Registration and probate

Registration of a will under Section 18 of the Registration Act, 1908 is optional but highly recommended — it creates strong presumption of due execution. The original is kept by the Sub-Registrar and a certified copy by the testator. Probate is the court’s certification under Section 222 of the Indian Succession Act that the will is genuine; it is required for wills made in Mumbai, Kolkata and Chennai presidency towns, and is commonly obtained even elsewhere for cleaner title transfer.

When a private trust beats a will

A private trust under the Indian Trusts Act, 1882 is preferred when: (i) beneficiaries are minor or disabled and need ongoing care; (ii) assets are to be staggered (education, marriage, business capital); (iii) protection from creditors of beneficiaries is required; (iv) family business succession needs professional trustee management. A trust deed must be registered and stamp duty paid under the Rajasthan Stamp Act.

Defending or contesting a will

Common grounds to contest: lack of testamentary capacity (illness, dementia), undue influence, fraud, suspicious circumstances, improper attestation, fabricated will. The Supreme Court in H. Venkatachala Iyengar v. B.N. Thimmajamma (1959) and Janki Narayan Bhoir v. Narayan Namdeo Kadam (2003) crystallised the law — propounder must remove suspicious circumstances by clear evidence.