A will is a legal document that allows a person (called a testator) to specify how their property, assets, and responsibilities should be distributed or managed after their death. It ensures that the testator’s wishes are followed regarding their estate, guardianship of dependents, and other matters. Will definition.

In Indian law, the definition of a Will is provided under Section 2(h) of the Indian Succession Act, 1925. It states:

“Will” means the legal declaration of the intention of a testator with respect to his property, which he desires to be carried into effect after his death.

Key Elements of a Will:

1. Legal Declaration – A Will must be a formal and legal document declaring the intentions of the testator.
2. Intention of the Testator – It should clearly express how the testator wants his property to be distributed after his death.
3. Relates to Property – A Will primarily deals with the disposition of the testator’s assets and properties.
4. Takes Effect After Death – A Will comes into force only after the testator’s death, meaning the testator retains full control over his property during his lifetime.
5. Revocable & Alterable – A Will can be changed, modified, or revoked by the testator at any time before his death.

Formal Requirements

Writing: Must be in writing (oral wills are invalid except for soldiers/airmen under specific conditions).

Signature: Signed by the testator or by another person in their presence and direction.

Attestation: Requires at least two witnesses who attest the will in the testator’s presence (Section 63 of the Act).

If a person dies without a will (intestate). Their property is distributed as per applicable succession laws (e.g., the Hindu Succession Act, 1956, or Muslim Inheritance Rules). Will definition.

Disclaimer: This article is for educational and informational purposes only. It provides a general understanding of legal remedies but does not constitute legal advice. For specific legal guidance, you can just consult the legal matter expert.