Making a will
Who may make a will, and how must it be signed and attested? (ss. 59 and 63, Indian Succession Act, 1925; for Muslims, s. 58(1) and Muslim personal law)
PRACTICE AREA / 04
Succession & family
Thoughtful documents for personal intentions.
Wills, codicils, nominations and family arrangements, beginning with an understanding of the family, the assets and the wishes a person wants recorded.
The laws covered: Indian Succession Act, 1925 · Hindu Succession Act, 1956 · Banking Regulation Act, 1949 · Registration Act, 1908
SUBJECTS WITHIN THIS AREA
Key questions under this law.
Nominations
Does a nominee on a bank account own the money, or receive it for the heirs? (s. 45ZA, Banking Regulation Act, 1949)
Registration and custody
Must a will be registered, and can it be deposited for safe keeping? (ss. 18(e) and 42, Registration Act, 1908)
A PRACTICAL STARTING POINT
A self-check
for readers.
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COMMON QUESTIONS
A little more context.
The applicable personal law, succession legislation and the nature and location of the assets differ from person to person.
India Code: Indian Succession Act, 1925 ↗Can one will template suit every family?
No. Personal law, the location and ownership of assets, family circumstances and execution requirements can all change the position.
Is a nominee the same as a legal heir?
Not necessarily. It depends on the asset and the statute that governs it. The related article explains the position for bank accounts.
RELATED READING
Updates in this area.
Up to four nominees on a bank account: what the 2025 amendment changes, and why a nominee is not always the heir
Since 1 November 2025 you can name up to four nominees on a bank deposit, but the nominee's right to receive the money is not the same as a right to keep it.
Published 29 October 2026Read ↗