Will Template and How to Draft One (2026)

What is a will, and why make one? A will is a legal document that says how you want your property divided after your death, and who should carry that out. In India, wills are governed mainly by the Indian Succession Act, 1925. If you die without a valid will, your estate passes under the intestacy rules that apply to you, which may not match your wishes. A will lets you decide instead: who inherits what, who looks after minor children, and who administers the estate. You should make a will if you own property, have dependants, or simply want certainty about who gets what. A will can be simple. The common mistakes are not in the wording but in how it is signed and witnessed, so follow the execution steps below carefully. This article is general guidance, not legal advice. Succession law can be affected by personal law and by the nature of the property, so have a qualified professional review a will for anything beyond a simple estate. ## Will template Copy the block below and fill the bracketed fields. This is a simple, general format for an unprivileged will. ```

LAST WILL AND TESTAMENT I, [FULL NAME], [son/daughter/wife of NAME], aged [AGE] years, residing at [FULL ADDRESS], holding [ID type and number], declare this to be my last will and testament. 1. DECLARATION I make this will of my own free will, in a sound state of mind, and free from any coercion or undue influence. I am of the age of majority. 2. REVOCATION I revoke all wills and codicils made by me earlier. This is my last and only will. 3. EXECUTOR I appoint [EXECUTOR NAME], [address], as the executor of this will, to carry out its terms. If that person is unable or unwilling to act, I appoint [ALTERNATE EXECUTOR NAME] as alternate executor. 4. MY PROPERTY This will covers all property I own at my death, movable and immovable, including [list main assets: house at ..., bank accounts, investments, jewellery, etc.]. 5. SPECIFIC BEQUESTS (a) I give [describe asset] to [BENEFICIARY NAME], [relationship]. (b) I give [amount / asset] to [BENEFICIARY NAME], [relationship]. (c) [add as needed] 6. RESIDUARY ESTATE I give all the rest of my property, not specifically gifted above, to [RESIDUARY BENEFICIARY NAME(S)], in the following shares: [shares]. 7. GUARDIAN (if minor children) If my children are minors at my death, I appoint [GUARDIAN NAME] as their guardian. 8. DECLARATION OF SIGNATURE I sign this will on [DATE] at [PLACE], in the presence of the two witnesses below, who have signed in my presence. Signature of Testator: ______________________ [FULL NAME] WITNESSES We, the undersigned, attest that the testator signed this will in our presence, and that we have each signed in the presence of the testator. Witness 1: Name ____________ Signature ________ Address ________ Witness 2: Name ____________ Signature ________ Address ________

- **Revocation (clause 2).** Cancel all earlier wills so there is only one valid document. Multiple uncancelled wills are a common source of disputes.
- **Executor (clause 3).** Name someone you trust to administer the estate, and an alternate in case the first cannot act. The executor collects the assets, pays debts, and distributes what remains.
- **Property and bequests (clauses 4 to 6).** Describe assets clearly enough to identify them. Make specific gifts first, then use a residuary clause to catch everything else, so nothing is left undisposed.
- **Guardian (clause 7).** If you have minor children, name a guardian. This is often the most important clause for young families.
- **Signature and witnesses (clause 8).** This is where wills succeed or fail. Follow the execution rules below exactly. ## How to execute a will correctly Section 63 of the Indian Succession Act, 1925 sets the rules for an unprivileged will: - The testator must sign the will, or affix a mark, or have another person sign in the testator's presence and by the testator's direction.
- The signature must be placed so it shows an intention to give effect to the document as a will.
- The will must be attested by two or more witnesses. Each witness must have seen the testator sign or mark, or have received the testator's personal acknowledgment of the signature, and each witness must then sign in the testator's presence. A practical and safe approach is for the testator and both witnesses to be together, with the testator signing first and both witnesses signing immediately after, in the testator's presence. Choose witnesses who are not beneficiaries. ## Registration and stamp duty - **Registration is optional.** A will does not have to be registered to be valid. You may register it at the Sub-Registrar's office under the Registration Act, 1908, which adds evidentiary weight and makes it harder to challenge. Registration fees are nominal and vary by state. Last verified October 2026.
- **Stamp duty.** A will generally does not attract stamp duty, because it takes effect only on death and transfers nothing during the maker's life. Confirm the position under your state stamp law. <!-- [VERIFY: nil stamp duty on wills is the general position; confirm state stamp act --> ## Common mistakes to avoid - Using a beneficiary, or a beneficiary's spouse, as a witness.
- Forgetting a residuary clause, so some property is left undisposed and passes under intestacy.
- Not revoking earlier wills, leaving several documents in play.
- Vague asset descriptions that cannot be identified.
- Not appointing an executor or a guardian for minor children. ## A note on jurisdiction and personal law Succession in India can be governed by personal law depending on the testator and the property, and some property (such as ancestral or coparcenary property) may not be freely disposable by will. Rules for probate and for certain communities and regions differ. Outside India, formalities differ again. Because of this, treat this template as a general starting point and have a will reviewed by a professional for anything beyond a straightforward estate. ## Where a contract workspace helps A template gets you a sound will. The wider job for a family or a founder is keeping every important legal document correct, current and findable: the will, but also shareholder agreements, nominations, property papers and the obligations that sit inside them. That is the idea behind an AI document workspace. It can draft from a template tuned to your situation, read a document and flag missing or risky clauses, let you edit wording in plain language, and keep key documents, versions and dates in one place. Tools such as [Adira](https://adiralaw.com) are built around that single-workspace idea for a company's contracts. This template alone is enough to prepare a simple will; a workspace simply keeps your important documents organised and current.