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After a year of talking with Indian families about Online Wills, we have identified the 30 questions we hear most often. Here they are, answered directly, without legal jargon. Bookmark this — it is the definitive Online Will FAQ.
1. What is an Online Will? A legally-valid Will drafted through Law Tarazoo's 10-section guided questionnaire, reviewed by an enrolled advocate, and delivered as DOCX and PDF. Priced at ₹5,000. Personal-law templates for Hindu, Muslim Sunni, Muslim Shia, Christian, and Joint Wills.
2. Is it legally valid in India? Yes, provided the printed Will is signed by you in the presence of two competent adult witnesses under section 63 of the Indian Succession Act.
3. Do I need a lawyer to draft one? No, the questionnaire drafts it. An enrolled advocate reviews the generated document for structural soundness. For substantial customisation, upgrade to Personalised Will (₹25,000).
4. Can NRIs use the Online Will? For India-only estates and India-resident testators, yes. For cross-border estates or non-resident testators, we recommend the NRI Will (₹50,000).
5. Is the Will backed up online or only sent to me? Both. You receive DOCX and PDF via email, and can also download them from your Law Tarazoo account at any time. The signed physical original is your responsibility to store.
6. Who can be a witness? Any competent adult who is not a beneficiary or spouse of a beneficiary. Two witnesses required by section 63 ISA.
7. Can my children be witnesses? Only if they are not beneficiaries and not spouses of beneficiaries. Since most testators name their children as beneficiaries, this usually means no.
8. Can my spouse be a witness? Only if the spouse is not a beneficiary — extremely unlikely.
9. Do the witnesses need to be advocates or notaries? No. Any competent adult.
10. Can I use a digital signature? Under Indian law, digital signatures are technically valid, but Indian probate courts still strongly prefer wet-ink signatures for Wills. Use a physical pen.
11. Do I need to register my Will? No. Registration is optional under section 18 of the Registration Act 1908.
12. What does registration cost? Varies by state; typically ₹1,500-₹5,000 including sub-registrar's fees and stamp charges (Wills themselves are exempt from stamp duty).
13. What does registration add? Evidentiary weight against forgery challenges and disputed authenticity. The sub-registrar's records preserve a copy.
14. Where do I register? At the sub-registrar's office in the district where you reside or where any of the property is located.
15. Can I un-register a Will? No, but a subsequent Will (registered or not) supersedes the earlier one under section 70 ISA.
16. How often should I update my Will? Every 3-5 years, or immediately upon marriage, divorce, birth of a child, death of a major beneficiary, or move to a new country.
17. Does marriage revoke my Will? Yes, for non-Muslims under section 70 ISA. Muslim Wasiyats are not revoked by marriage.
18. Can I write a new Will myself to replace the old one? Yes, but it must satisfy section 63 requirements — printed, signed, witnessed. The new Will supersedes the old one.
19. What is a Codicil? A formal amendment to an existing Will, executed with the same section-63 formalities. Used for small, targeted changes.
20. Can I destroy my Will to revoke it? Yes, if you destroy it 'animo revocandi' — with the intention of revoking. Otherwise the destroyed Will may still be probated from a copy.
21. Is probate required for my Will? Only mandatory in the presidency towns of Bombay, Calcutta, Madras (and their historical successors), and where the Will is executed or property is located in those towns (section 213 ISA). Elsewhere, probate is often not required for smaller estates but may be required for immovable property transmission.
22. What does probate cost? Court fees vary by state. Maharashtra caps court fees at ~₹75,000. Advocate fees for straightforward probate are ₹25,000-₹1,00,000.
23. How long does probate take? Uncontested cases: 6-12 months typically. Contested cases: 2-5 years or longer.
24. Can my family use the Will without probate? For movable assets (bank accounts, mutual funds), often yes — with the Will, death certificate, and identity proofs. For immovable property transmission, probate is usually required.
25. What if the executor refuses to serve? An alternate executor named in the Will steps in. If none is named, any beneficiary can apply for Letters of Administration with the Will annexed (LAWA).
26. Can I disinherit a child? Under Hindu law, yes — testamentary freedom is broad. Under Muslim law, only within the one-third Wasiyat limit; Quranic heirs cannot be disinherited without their consent. Under Christian and Parsi laws (ISA), testamentary freedom applies but courts scrutinise omissions of natural heirs closely.
27. Can my Muslim Will give more than 1/3 of my estate? Yes, but only with the consent of the affected Quranic heirs after your death. Without their consent, any excess reverts to Quranic distribution.
28. What if I convert to a different religion? The applicable personal law changes accordingly. You should update your Will to reflect the new regime.
29. What about Special Marriage Act couples? The Indian Succession Act (Part VI) governs, regardless of birth religion of the spouses. This gives more testamentary freedom than certain personal laws.
30. My father died 10 years ago without a Will and I want to make sure my kids do not face the same. What should I do first? Draft your own Will today (Online Will at ₹5,000 is a fine starting point). Then, separately, help your mother draft hers — if she has not made one. Estate planning is a family conversation, not an individual one.
If your question is not in the 30 above, ask our AI Will Assistant on lawtarazoo.com — it covers the full scope of Indian succession law. For binding recommendations on your specific facts, book a Pure Consulting session (₹10,000) with an expert advocate.
This is general legal information, not legal advice.
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