Simple Will Drafting / Codicil

What is a Simple Will Drafting / Codicil?

A will is a legal declaration by which a person (the testator) decides how their property will be distributed after their death. It is governed by the Indian Succession Act, 1925, under which a will is defined in Section 2(h) as the legal declaration of the intention of a person with respect to their property, to be carried out after their death. It takes effect only on death, and until then the testator may alter or revoke it. A codicil is a supplementary instrument that amends, explains or adds to an existing will, while the will itself remains intact. Drafting a clear will prevents disputes among heirs and ensures your wishes are respected.

Key Clauses / What's Included

• Testator's Details: Full name, address, date of birth and identification of the person making the will.
• Revocation of Earlier Wills: A clause revoking all previous wills and codicils so there is no conflict between documents.
• Appointment of Executor: The person who will administer the estate, collect assets, pay debts and distribute the property according to the will.
• Specific and Residuary Bequests: Each specific gift of property, money or shares, followed by a residuary clause giving the remainder of the estate to named beneficiaries.
• Guardianship and Minor's Property: For wills that deal with children's inheritance, a provision appointing a guardian for minors.
• Attestation: The signature of the testator and the signatures of at least two attesting witnesses, as required by Section 63 of the Indian Succession Act, 1925.
• Codicil Provisions: Where a codicil is used, a clear statement of which part of the earlier will is amended, added to or cancelled.

Who Needs This / When to Use

Anyone who owns property, holds money in banks, has shares, or wants to ensure their spouse, children or dependants are provided for should make a will. It is essential for parents with minor children, for persons with assets in multiple states, and for those who want to prevent legal heirs from fighting over an inheritance. A simple will is appropriate for straightforward estates, while a codicil is the right tool when you want to make a small change to an existing will, such as adding a beneficiary or increasing a gift, without redrafting the whole document.

How We Draft It

Our legal team drafts simple wills and codicils from a template that follows the Indian Succession Act, 1925. You provide your details, your assets and how you wish them distributed, and we produce a clear, properly structured will with the correct attestation clause. We explain how to sign and have the will witnessed so it withstands challenge, and we prepare a codicil when you want to amend an existing will without disturbing the original. Each document is reviewed by a lawyer and delivered with clear signing instructions.

We also make sure the will accounts for every kind of asset you own, lists your beneficiaries without ambiguity, and provides for the possibility that a beneficiary predeceases you. This prevents the gaps that lead to litigation over a partial or ambiguous bequest, and gives your executor a clear set of instructions to follow when the time comes.

FAQ

Is it compulsory to register a will?

No. Registration of a will is optional under the Registration Act, 1908. An unregistered will is valid as long as it is properly executed with the correct signatures and attestation. Registration merely adds evidentiary security and reduces the chances of the will being disputed, so some people choose to register it for added safety.

How should a will be witnessed?

Under Section 63 of the Indian Succession Act, 1925, the testator must sign or affix their mark to the will in the presence of at least two witnesses, each of whom must also sign in the presence of the testator and of one another. A beneficiary under the will should not act as a witness, as that can complicate the gift.

Can I change or cancel my will later?

Yes. Until death, a will is revocable and amendable. You can revoke it entirely or change it through an updated will or a codicil. If you marry after making a will, care is needed because marriage may revoke certain earlier wills; our drafting advice covers these situations so your intentions remain clear.