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A Will you make at 30 does not fit your life at 45. Estate planning is not a set-and-forget exercise — it is a rolling responsibility. Here is when to update your Will, why, and how, under Indian succession law.
A Will is a snapshot of your intentions and asset situation at the moment of signing. Every year that passes without an update is a year of drift between the Will's assumptions and your actual life. Beneficiaries move away, children grow up, marriages happen, businesses are sold, homes are bought. A Will that reflected reality at 30 can be dangerously out of sync at 45.
The good news: updating a Will is genuinely simple. The Online Will can be re-drafted for the same ₹5,000, no penalty for updates. And the Codicil route (a formal amendment) is available if only small changes are needed. Both routes are covered below.
Some life events warrant an immediate Will update — do not wait 3-5 years. These are:
1. Marriage. Under section 70 of the Indian Succession Act, any prior Will is automatically revoked by a subsequent marriage (for non-Muslims). Without a new Will, you die intestate. Draft the new Will within 90 days of marriage.
2. Divorce. A prior Will remains legally in force after divorce — including any bequest to the now-ex-spouse. Update immediately to avoid your former spouse inheriting.
3. Birth of a first child. Now you need to appoint a testamentary guardian. Update within a few months of birth to ensure this appointment is in place.
4. Death of a beneficiary. If your Will bequests 30% to a brother who then dies, and you did not draft a substitution clause, that 30% may lapse. Redraft.
5. Move to a different country / change of residence to another jurisdiction. This may affect the applicable succession law, tax exposure, and probate requirements. This is often a Personalised or NRI Will situation.
1. Sale of a specifically bequeathed asset. If your Will says 'I bequeath my flat at Andheri West to my daughter' and you have since sold that flat and bought one in Powai, the specific bequest may adeem (fail because the asset no longer exists). Update.
2. Acquisition of a significant new asset. A property inheritance, a business acquisition, a foreign asset — these should be captured in the residuary or as specific bequests. Update.
3. ESOP / equity compensation from a new employer. Executive-level equity grants often need thoughtful drafting. Update.
4. Setting up an HUF or family trust. Interactions between the Will and the trust need coordination.
5. Substantial change in net worth (either direction). If your gross estate has doubled, your bequests may need re-proportioning.
A Codicil is a formal amendment to an existing Will — it must be executed with the same section-63 formalities (two witnesses, signature) but does not fully replace the Will. It adds, modifies, or revokes specific provisions.
When to use a Codicil: for small, targeted changes — replacing an executor, adding a specific bequest, updating an address, correcting a name. If the underlying Will is still substantially right, a Codicil is cheap and quick.
When to draft a new Will: for anything material — changed residuary structure, new tier of complexity, new spouse, new children. A new Will fully revokes the old one under section 70 ISA. All prior Codicils to the old Will also fall away with the old Will.
The Online Will service can generate either — Codicils are included in the ₹5,000 tier when the primary Will was also drafted with Law Tarazoo.
Even without a triggering event, review your Will every 3 years. Read it. Ask: does this still reflect what I would want? Are the beneficiaries in the right relative positions? Is the executor still the right person? Is the guardian still the right person? Are the specific bequests still relevant (has the asset been sold, has the beneficiary changed)?
Most 3-year reviews end with 'yes, this is still fine.' That is a good outcome — you have re-affirmed. But the discipline of reviewing catches problems before they become urgent.
Log into your Law Tarazoo account. If you have an existing Will drafted with us, you can (a) view your original questionnaire answers, (b) edit them for the changed circumstances, and (c) regenerate the Will. The old Will is superseded by the new one (via section 70 ISA — 'last valid Will supersedes').
Payment: your first year of updates is included in the ₹5,000 fee. Subsequent updates within the same tier are ₹2,500. Codicils are ₹1,500. Upgrades to a higher tier (Personalised, NRI, Succession Planning) are the difference in tier prices with the credit of your original Online Will payment.
Physical process: after the new Will is generated, print it, gather two witnesses (can be the same or different from before — no requirement to use the same witnesses), sign under section 63, initial every page, store the original, tell the executor. The old signed Will should be destroyed or clearly marked 'REVOKED — see new Will dated ...' to avoid confusion at probate.
Option 1: destroy it (shred, burn — permanently). This is the cleanest option and avoids any ambiguity at probate.
Option 2: mark it clearly 'REVOKED — see new Will dated dd-mm-yyyy'. Keep both — this can be useful evidence in case someone later challenges the new Will (the executor can produce both).
Do NOT: cross out sections of the old Will and add new ones in handwriting. This creates a mess that probate courts struggle with. Also do not: leave both Wills undated or ambiguously dated.
Update on the five life events. Review every 3 years. Choose Codicil for small changes and new Will for substantial ones. Destroy or clearly mark the old Will when superseded. Tell your executor about the change.
None of this is expensive or complicated. All of it protects your family from the friction of a stale Will meeting a modern life.
This is general legal information, not legal advice. For your specific circumstances, consult a Law Tarazoo advocate.
Start with the ₹5,000 Online Will — advocate-reviewed, delivered in your inbox in 30 minutes. Or book a 60-minute Personalised consult at ₹25,000.
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