My father has used an online website to prepare his will. Is such a will valid and is there anything we should bear in mind?
– Name withheld on request
Under Indian law, a will is valid so long as it is made by a person (the testator) of sound mind, of his own free will, and is in writing and signed by the testator in the presence of two witnesses, who attest the signing. It is immaterial whether the will has been drafted using an online tool, by a lawyer or by the testator himself.
That said, a will is a personalized document and should reflect the testator’s specific circumstances. A generic will that does not account for factual nuances may fall short. Your father should therefore ensure that the document is not merely a standardised template, but one tailored to his particular situation.
It is not possible to list every situation that warrants a review of a will, but some common examples are set out below.
Context matters
First, check whether the will has been prepared under the correct legal framework. For instance, if you are Muslim, bear in mind that, under Muslim forced heirship laws, only one-third of your father’s property can be bequeathed through a will without the consent of the heirs.
Similarly, if your ancestry is Goan, your father’s succession may be governed by Portuguese succession law (formerly contained in the Portuguese Civil Code, 1867, and currently under the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012), rather than the Indian Succession Act, 1925.
Also confirm whether the assets covered by the will are capable of being bequeathed to the intended legatee. For example, if a property is ancestral, your father can bequeath only his share in that property—not the entire property. Likewise, if shares of a closely held company are included, check whether the company’s articles of association permit such transmission.
Watch for gaps
Your father should also assess whether there are any overlapping or contradictory bequests. For instance, if he leaves shares of a particular company to one heir but bequeaths the demat account holding those shares to another person, conflicts may arise. An online tool may not identify such inconsistencies.
Online wills may also lack the nuance or explanation supporting a particular bequest. For example, if your father has excluded an heir from the will, it should explain the reason to reduce the likelihood of the will being challenged by that heir.
Moreover, if any family members live abroad or have a foreign nexus, it should be confirmed with tax advisors in the relevant jurisdiction that the bequest will not give rise to adverse tax consequences.
If your father has used an overseas will-writing platform, the document may contain clauses that are relevant in foreign jurisdictions but either unnecessary or uncommon under Indian law, potentially creating confusion.
Finally, if the will contains complex structures, such as a testamentary trust, you should consider having it reviewed by a specialist legal advisor.
Shaishavi Kadakia is a partner at Cyril Amarchand Mangaldas, Mumbai