Writing a Will in India

What is a Will?

A Will is a legal document you draw up to declare your wishes for your loved ones as to how you want your assets to be distributed after you passed on.


Without a Will, your assets could give more troubles than benefit to your family at a time when they are most vulnerable. Your loved ones could be involved in a long drawn legal process or fighting in a complex legal battle with other family members.

Without a Will, the law will decide who your beneficiaries, trustees and guardian would be. There is a legal process to go through before your loved ones can benefit from your assets. Leave nothing to chance. Make a Will and the law will protect your wishes.

You should never assume that your assets would automatically go to the person you want to benefit. Give them security by making a Will and the law will protect your wishes.



  • You provide for your loved ones in the Will i.e. you choose your heirs rather than letting the law to decide for you.
  • You Father, Live in Partner, Step Children, Illegitimate Children, Aged Relative, Adopted Child (If you are a Christian) or others who depend upon you can be provided for in a Will.
  • You exercise the right to appoint people of your choice to administer your estate (Executor) and to carry out your wishes, safe guarding the interest of those you love and care.
  • No family conflict could arise over the choice of administrator(s)/executors.
  • You can appoint guardian of your choice for your infant children, so that their welfare, support, health and education will be taken care by the right person.
  • Generally, it costs less in term of legal fees to apply for Grant of Probate (GP) than Letter of Administration (LA).
  • With a Will, the whole legal estate administration process is expedited.
  • Your loved ones are financially protected.


  • Your estate will be distributed to your legal heirs as per Succession Acts i.e. Hindu Succession Act if you are a Hindu, Sharia if you are a Muslim & Indian Succession Act if you belong to any other Religion.
  • Under the law, there is no provision for these group of people. They might fall into financial difficulties without your support.
  • The Court decides for you. It might not be your choice.
  • Family conflict may arise on the choice of administrator(s)/executors.
  • The Court decides for you. It might not be your choice or the best person for your children.
  • Legal fees could be costly.
  • Without a Will the legal process could take years. Assets could have shrunk in value when Letter of Administration is obtained.
  • Your family could be facing serious financial difficulties.


Do you know?

Nominee is not the owner of the funds on most of the Financial Assets rather he or she is merely a Caretaker of the Funds and must distribute these funds to the legal heirs of the deceased.

Do you know?

There is an estimated Rs.64000 crore worth unclaimed accounts in banks, insurance companies, post offices, provident fund accounts left by people who passed away without passing information of these funds to their legal heirs. If people start writing “Wills” this can be avoided.

Have you ever wondered?

That if both parents were to go together, who will step into the parent’s position to take care of the children’s education and welfare? Who will be able to keep the child with him or her i.e. Who will get the Custody of the Child?

You may not know...

That without a Will, your loved ones might have to wait for years; running around to find out and claim your assets. You lose your RIGHT to appoint the executor of your choice to administer your estate & your preferred custodian/guardian for your minor children.

You ought to know...

That without a Will, your assets will be distributed in accordance to the “Succession Acts” applicable to you. Under the Act, your assets will be divided between your surviving spouse, children and parent(s)/mother in a certain proportion. More problems arise if your parent(s)/mother passes away after you. Your assets may be subdivided further between your brothers and sisters etc. Result? There will be many more additional claimants!

Have you ever wondered?

What will happen to your loved ones / dependents if they are unable to receive your assets in the shortest possible time after your demise?

You may think...

That you do not have much to give away. The truth is writing a Will has little to do with your net worth but everything to do with leaving a legacy of love and care.

You must Consider that.

90% of your assets are without nominations & 99% of eligible Indians do not have a Will? Thus, there is an urgent need for you to write a Will. If not, the law will decide who will be your heirs / trustee / guardian, NOT YOU! Assets may become FROZEN AND UNCLAIMED under the Law. Why leave it to the law when you can decide in a Will?

When Should You Consider Getting a Will?

90% of your assets are without nominations & 99% of eligible Indians do not have a Will? Thus, there is an urgent need for you to write a Will. If not, the law will decide who will be your heirs / trustee / guardian, NOT YOU! Assets may become FROZEN AND UNCLAIMED under the Law. Why leave it to the law when you can decide in a Will?

When Should You Consider Getting a Will?

marriage    MARRIAGE
relationship breakdown RELATIONSHIP BREAKDOWN
new born   NEW BORN
travelling    TRAVELLING
charitable donation CHARITABLE DONATION


Person Who is HE/SHE? HIS/HER Role
Testator A person who writes a Will
Executor(s) Person(s) or Trust Corporation appointed by the testator to administer his/her estate.
  • To locate the Will
  • To make funeral arrangement
  • Apply for Grant of Probate (GP)
  • Calling in assets of deceased
  • To pay debts
  • To prepare Statement of Accounts
  • To distribute assets according to the Will
  • To carry out wishes mentioned in the will
Trustee(s) Person(s) or Trust Corporation appointed in a Trust Deed. To hold on trust for beneficiaries who will get assets in a Trust.
Guardian A person appointed in a Will to take custody of minor children. To take care of the welfare of minor children and their assets.
Beneficiary/Legatee/Heirs A person or corporation named in a Will. To receive assets of the Testator.
Two Witness A person who witness the signing of Will by the Testator. To confirm that the testator signed the Will in front of them.


It is always not advisable to write our own wills because we might not achieve what we want and avoid what we don’t want. The following might happen:

  • Partial intestacy - No residuary clause
  • Easily subject to contest in court, may cause future problem
  • May not be granted a Probate - Vague
  • Not fully aware of certain legal implication
  • May not take care of your worries
  • No assurance/protection to beneficiaries e.g. no trust fund to protect family members
  • No appointment of guardian for minor children
  • May not help to realize your goals!

Remember, a Will must ‘function’, when you are not there. It is said a Will speaks from Grave.

It may cause delay, problems, frustrations, anger, hardships to our family and loved ones when it is not properly drafted and 100% valid under the Law.

Get a Professional to write, even it is a simple one as it grants you with Peace of Mind & Makes Our Wishes Come True.


A testamentary trust (sometimes referred to as a will trust or trust under will) is a trust specified in a Will a person’s Will which arises upon the death of the testator. A will may contain more than one testamentary trust, and may address all or any portion of the estate.

A testamentary trust goes into effect upon an individual's death and is commonly used when someone wants to leave assets to a beneficiary, but doesn't want the beneficiary to receive those assets until a specified time. Testamentary trusts are irrevocable.

What is a testamentary trust?


  • All Indians – Married or Single
  • Foreigners who owns assets in India
  • Expatriate working in India who owns assets in India
Why use NexGen Comprehensive Will-writing Service?

As you accumulate more assets and are busy building your career, a NexGen Estate Planner can take your instructions in the privacy of your office or the comfort of your home. Using our unique Comprehensive Will-Writing system and personalized service, your Will can be tailor made to suit every situation.

  • Comprehensive and Professional Will-Writing Service
  • Fulltime in-house legal advisors to support and check all Wills
  • Professional Custody Service for keeping all Wills securely
  • Special Trustee Service to complement your Will to ensure extra protection for your beneficiaries
  • Continuous personalized service, fully backed by the No.1 Comprehensive Will-Writing Company in India
  • Personal Assets Inventory Booklet to help you organize and track your assets and liabilities


We will help you every step of the way


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