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An Online Will is only as good as the answers you give the questionnaire. Here are the ten most common mistakes we see in Wills that later create litigation — and how to avoid every single one of them.
When a Will contains an error, the error does not manifest during your lifetime — it manifests after your death, when you cannot correct it. Your family then faces months or years of probate litigation, contested claims by disappointed relatives, and legal fees that can consume a meaningful percentage of the estate. Every mistake below is one we have seen play out in real families. Every fix takes ten minutes today.
The residuary clause is the sweep — 'the rest, residue, and remainder of my estate.' Without it, any asset you did not specifically bequeath falls under intestate succession, and the intestate defaults may not match your wishes at all.
A father Wills specific properties to specific children but forgets the residuary. He then buys a new flat before he dies, does not update the Will. The new flat is not specifically bequeathed, and it falls into intestate succession — where under Hindu law it gets split equally among all Class I heirs including the widow.
Fix: The Online Will questionnaire prompts you for a residuary clause and does not let you proceed without one. Answer it honestly — typically '100% to spouse; if spouse pre-deceases, then equally to children.'
Section 67 of the Indian Succession Act voids any bequest to an attesting witness. If you name your daughter as a beneficiary and she also signs as one of your two witnesses, her bequest fails. The Will remains valid; her specific bequest just disappears.
Fix: Choose witnesses who are (a) competent adults, (b) not beneficiaries, and (c) not spouses of beneficiaries. Two colleagues, a neighbour, or family friends work well.
Common patterns: naming an elderly parent (who is unlikely to outlive you), naming someone who does not live in India (adds probate complexity), or naming someone who does not know they have been named (who then refuses to serve).
Fix: Choose an executor who is (a) likely to outlive you, (b) reasonably competent with paperwork, (c) willing — you must have told them and got their consent, and (d) resident in India where possible. Name an alternate for contingencies.
'I leave my jewellery to my daughter.' Which jewellery? All of it, including pieces bought after signing? What about jewellery that was gifted to your wife but she never wore? What about pieces that were inherited from your mother?
Fix: Either list specific items (with rough descriptions and locations) or use categorical language: 'All jewellery in my personal possession at the time of my death.' Precision reduces disputes.
You leave 30% of the residuary to your brother. He dies before you. What happens to that 30%? Depending on the drafting, it either falls to his heirs (a substitution), lapses (adds to the residuary), or creates a partial intestacy.
Fix: For every beneficiary, add a substitution clause. 'If my brother pre-deceases me, this bequest shall go to his lineal descendants per stirpes.' Or: 'to my sister.' Or: 'shall lapse and be distributed with the residuary.'
A Muslim testator writes a Will leaving 100% of the estate to his second wife, disinheriting his son from the first marriage. Under Muslim personal law, the maximum Wasiyat is one-third of the estate — the other two-thirds must go to Quranic heirs in fixed shares. The son's share cannot be extinguished without his consent.
Fix: The Online Will engine routes your questionnaire answers to the correct personal-law template. Answer the religion question accurately. If your situation is unusual (interfaith marriage, conversion, Special Marriage Act), consider the Personalised Will tier.
If you have minors and both parents die simultaneously, and no testamentary guardian is appointed, the state (via the family court) decides who raises your children. This is exactly the outcome most parents want to avoid — yet many Wills omit the guardianship appointment.
Fix: The Online Will has a one-click 'appoint spouse as guardian, with sibling as substitute' option. Use it. Even better: nominate different people for 'guardian of the person' (upbringing) and 'guardian of the property' (financial management).
The Will you made at 30 with one child and a rented flat does not fit your 45-year-old life with two children, a purchased home, and a business interest. Section 70 ISA revokes a Will by marriage (for non-Muslims) but does not automatically update it on other life events.
Fix: Review your Will every 3-5 years, and specifically on: marriage, divorce, birth of a child, death of a spouse or child, acquisition of a significant asset, sale of a bequeathed asset, or a move to a different country. The Online Will can be re-drafted for the same ₹5,000 — no penalty for updates.
After your death, the executor must produce the Will to obtain probate or effect asset transfers. If it is in a bank locker only you can access, opening the locker itself becomes a legal proceeding — a court order under section 45 of the Indian Evidence Act may be required.
Fix: Keep the signed original in a safe but accessible place — a fireproof file cabinet at home, or a joint locker with a trusted person. Give the executor a copy (marked 'COPY — original with Amit') and tell them where the original is. Some families deposit the Will with their advocate.
'I direct my son not to sell the family home for 20 years.' 'My daughter must marry within our community.' 'My wife must not remarry.' None of these are enforceable through a Will. Conditional bequests must not offend public policy, and courts strike down conditions in restraint of marriage, in restraint of alienation, or that are otherwise impossible or immoral.
Fix: If you want to control post-death behaviour, use a trust structure (testamentary or living), not a bare Will condition. This is a Personalised Will (₹25,000) situation, or Succession Planning (₹1,00,000) for complex trust construction.
Every Will Law Tarazoo generates includes a preview PDF and DOCX. Before you print and sign, actually read it. Check that names are spelled correctly, that dates are right, that bequests match your intentions, that the residuary sweeps the way you want, that the executor is who you meant, and that the guardianship appointment is correct.
Ten minutes of reading now saves your family years later. If anything looks off, go back to the questionnaire, correct it, regenerate. Only sign the Will you actually agree with.
This is general legal information, not legal advice. For your specific circumstances, consult a Law Tarazoo advocate.
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