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Frequently asked questions
Frequently asked questions
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Q.At what age should I make a will?
Q.At what age should I make a will?
Any adult (18+) with any assets can make a will. There's no "right age" — the right time is simply once you have anything you'd want to pass on.
Q.Is registering a will compulsory?
Q.Is registering a will compulsory?
No, registration is optional. However, a registered will is harder to dispute or forge, which is why it's often recommended.
Q.Can I change my will after making it?
Q.Can I change my will after making it?
Yes. A will can be updated or replaced anytime through a new will or a codicil (an official amendment), as long as you're of sound mind.
Q.What happens if a will is contested?
Q.What happens if a will is contested?
A contested will goes through court, where a judge examines its validity — including the circumstances of signing and witnessing. This process can take months or years, which is why clarity and proper execution matter.
Q.Do I need to list every single asset in detail?
Q.Do I need to list every single asset in detail?
It's best to be as specific as possible — vague descriptions are one of the most common reasons wills get disputed.
Q.Who should I choose as my executor?
Q.Who should I choose as my executor?
Someone you trust to carry out your wishes responsibly — often a spouse, adult child, close relative, or professional advisor.
Q.What if I don't make a will at all?
Q.What if I don't make a will at all?
Your assets will be distributed according to inheritance law rather than your personal wishes, and your family may need to go through a longer legal process to access them.
Q.Do I need to be wealthy to make a will?
Q.Do I need to be wealthy to make a will?
No. A bank account, a home, or even sentimental items are reason enough to have one.
Q.How long does it take to make a will?
Q.How long does it take to make a will?
A simple will can be drafted fairly quickly once you know what you own and how you want it distributed — the planning takes longer than the writing.
Q.Is there a standard format I need to follow?
Q.Is there a standard format I need to follow?
No specific format is legally required, but it should be clear, unambiguous, and properly signed and witnessed.
Q.Can a family member be a witness to my will?
Q.Can a family member be a witness to my will?
It's best avoided, especially if that family member is also a beneficiary — it can raise questions about impartiality later.
Q.Do both witnesses need to know what's written in the will?
Q.Do both witnesses need to know what's written in the will?
No. Witnesses just need to confirm they saw you sign it — they don't need to know its contents.
Q.Can a will be forged or tampered with?
Q.Can a will be forged or tampered with?
Yes, which is exactly why registration and clear, unambiguous drafting are strongly recommended as extra protection.
Q.What makes a will legally invalid?
Q.What makes a will legally invalid?
Common reasons include no signature, missing witnesses, signs of coercion or fraud, or the person not being of sound mind at the time of signing.
Q.How often should I update my will?
Q.How often should I update my will?
Whenever a major life change happens — marriage, children, a new property, or a change in relationships or priorities.
Q.What is a codicil?
Q.What is a codicil?
A legal document used to make a specific change to an existing will without rewriting the whole thing.
Q.Can I cancel my will completely?
Q.Can I cancel my will completely?
Yes. A will can be revoked entirely, usually by making a new one or by a formal act of destruction with clear intent to cancel it.
Q.Do I need to list every single asset in detail?
Q.Do I need to list every single asset in detail?
It's best to be as specific as possible — vague descriptions are one of the most common reasons wills get disputed.
Q.Who should I choose as my executor?
Q.Who should I choose as my executor?
Someone you trust to carry out your wishes responsibly — often a spouse, adult child, close relative, or professional advisor.
Q.Can I name more than one executor?
Q.Can I name more than one executor?
Yes, multiple executors can be named to act jointly, which can add a layer of accountability.
Q.Can I leave assets to someone outside my family?
Q.Can I leave assets to someone outside my family?
Yes, a will lets you leave assets to anyone you choose, including friends, charities, or causes you care about.
Q.What happens to jointly owned property?
Q.What happens to jointly owned property?
Jointly held property (with survivorship rights) usually passes directly to the surviving co-owner, separate from what's written in the will.
Q.Do nominees automatically inherit assets like insurance or bank funds?
Q.Do nominees automatically inherit assets like insurance or bank funds?
A nominee is often just a custodian who receives the asset first, but may still need to distribute it to the rightful legal heirs, depending on the situation.
Q.What if I don't make a will at all?
Q.What if I don't make a will at all?
Your assets are distributed according to inheritance law rather than your personal wishes, and your family may need a longer legal process to access them.
Q.What is a succession certificate?
Q.What is a succession certificate?
A court-issued document that legal heirs may need to claim certain assets, like bank deposits or shares, when there's no will.
Q.Does inheritance law differ by religion in India?
Q.Does inheritance law differ by religion in India?
Yes. Hindus, Muslims, Christians, and Parsis are each governed by different succession laws when there's no will.
Q.What happens if someone dies with no will and no heirs at all?
Q.What happens if someone dies with no will and no heirs at all?
In such rare cases, the property can pass to the government under a legal principle known as escheat.
Q.Can I include my debts in my will?
Q.Can I include my debts in my will?
Yes. While a will mainly distributes assets, listing your liabilities helps your executor and heirs understand the full financial picture and settle things correctly.
Q.Does writing a debt into my will transfer it to a chosen person?
Q.Does writing a debt into my will transfer it to a chosen person?
No. A will can only distribute what you own — it cannot assign a debt to a specific person. Debts are settled from your estate's assets, not handed to a named individual.
Q.Who pays off my debts after I die?
Q.Who pays off my debts after I die?
Your debts are paid from your estate — whatever assets you owned — before anything is distributed to heirs. If there are no assets, there's nothing for creditors to recover from.
Q.Are my heirs personally liable for my debts?
Q.Are my heirs personally liable for my debts?
Only to the extent of what they actually inherit. If they inherit nothing, they owe nothing — heirs are never required to pay a deceased person's debts from their own personal funds.
Q.What happens if I have huge loans and no assets at all?
Q.What happens if I have huge loans and no assets at all?
If there are no assets in the estate, creditors generally cannot recover the unpaid amount from anyone — unless there was a co-borrower or guarantor, who remains independently liable under their own agreement.
Q.Can someone be forced to pay a loan just because they're named in my will?
Q.Can someone be forced to pay a loan just because they're named in my will?
No. Being named as a beneficiary doesn't create any debt liability. A person only becomes liable for a debt if they were a co-borrower, guarantor, or signed the loan agreement themselves.
Q.What happens to secured loans, like a home loan?
Q.What happens to secured loans, like a home loan?
Secured debts stay tied to the asset. If a loan secured against a property isn't repaid, the lender can claim that property — the heir who wants to keep it would need to repay the loan themselves.
Q.Can someone hide or transfer assets before death to avoid paying debts?
Q.Can someone hide or transfer assets before death to avoid paying debts?
Deliberately transferring or hiding assets to defeat legitimate creditors can be legally challenged and reversed under fraudulent transfer provisions — this only works if the lack of assets is genuine, not engineered.
Please note that MyLastWill.in does not provide any legal advice, consultation, accounting, or auditing services. It is neither a law firm nor a chartered accountancy or company secretary firm, and nothing provided here should be taken as a substitute for professional legal advice. Read complete disclaimer text here.
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