How do I make a valid will in India?

By the India Law Simplified editorial team · Verified against the bare Acts & official portals · Updated 2026-06-16 · ~2 min read

⚡ Quick answer

Any person of sound mind above 18 can make a will. It must be in writing, clearly state how your assets are to be distributed, be signed by you, and be attested by at least two witnesses who see you sign. Registration is optional (no stamp duty applies), but registering it with the sub-registrar adds strong proof against later disputes.

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1What makes it valid

A will needs a testator of sound mind, a clear distribution of assets, the testator's signature, and attestation by two independent witnesses (ideally not beneficiaries). You can revoke or change it any time by a new will or codicil.

2Registration and execution

Registering the will is optional and free of stamp duty, but recommended. After death, the executor distributes assets per the will; in some cases (e.g. immovable property in certain cities) a probate from the court may be needed.

Frequently asked questions

Does a will need to be registered or on stamp paper?

No — a will doesn't require stamp paper and registration is optional. It only needs to be in writing, signed by the testator and attested by two witnesses. Registration simply adds evidentiary strength.

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General information for AY 2026-27, not professional advice. Laws change with each Finance Act, notification or amendment and depend on your specific facts — verify the current position with a licensed CA or advocate before acting.