Drafting a Will isn’t just about dividing wealth—it’s about clarity, intention, and peace of mind. This blog breaks down everything you need to know about writing a legally strong, dispute-proof Will. From what assets you can include to how each word should be framed, this guide walks through every essential step of creating a Will that stands firm in court and in family life.
Properties Covered Under a Will
A Will only holds value when it deals with something you truly own. That might sound obvious, but it’s the foundation of the whole process. A person can only bequeath what legally belongs to them. If a Will includes assets over which the testator has no legal rights, that part of the Will becomes invalid.
So what kinds of properties can be covered?
Movable Properties
These include everything you own that isn’t attached to land—bank accounts, fixed deposits, shares, debentures, mutual funds, gold, jewellery, vehicles, furniture, or anything else you can move or cash out.
Immovable Properties
This includes land, buildings, flats, shops, and offices. Basically, any real estate assets you own.
There’s one important detail for Hindus: even inherited property can be included in a Will. However, when it comes to jointly owned property, a person can only Will their own share—not the entire asset. So if someone owns 50% of a flat jointly with a sibling, only their half can be passed on through a Will.
Important Aspects to Be Considered While Drafting a Will (Part 1)
A Will doesn’t need to follow a fixed format. It doesn’t even need to be typed. It can be hand-written and in any language the testator is comfortable with. But what matters more than the format is the clarity of the message.
Here’s what needs to be kept in mind:
- Always start with the phrase “Last Will and Testament of <name>”. This leaves no doubt about the document’s purpose.
- Keep the language simple and clear. Avoid complicated sentences or vague descriptions.
- It’s helpful to include a declaration stating that the testator is of sound mind and is writing the Will voluntarily, without force or pressure.
This declaration may feel redundant, but it plays a big role if the Will is ever questioned in court. It signals that the person understood what they were doing and did it without being manipulated.
Important Aspects to Be Considered While Drafting a Will (Part 2)
Who gets what? That’s what most people think a Will is about. But how you describe the beneficiaries, and how clearly you define their relationship to you, is what makes a Will strong.
Mention Each Beneficiary Clearly
State their names, how they are related to you, and include details to identify them (like date of birth, address, or ID number). If one of the beneficiaries is a minor, then don’t forget to name a guardian who will manage the assets until the child turns 18.
What If You Leave Someone Out?
Sometimes a testator decides not to leave anything to a particular heir. If that’s the case, it’s best to clearly write down why. This can help avoid disputes or emotional arguments after your passing.
Keep It Flexible
The Will should include a clause stating that the testator can change, modify, or cancel the Will in the future. This flexibility helps the testator if circumstances change later in life.
Be Specific About the Assets
List the assets you are passing on—what they are, where they are located, and how they are to be divided. If you’re giving a flat, describe it completely. If you’re giving money, mention account details and the share each person should receive.
This level of detail keeps things from becoming messy when it’s time to act on the Will.
Important Aspects to Be Considered While Drafting a Will (Part 3)
A Will is not just a statement of wishes—it’s a legal document. And that means it must follow certain execution standards to be considered valid.
Witnesses and Signatures
A minimum of two witnesses are required. The testator must sign the Will in their presence. These witnesses should ideally not be beneficiaries, and they must be able to testify that the Will was signed voluntarily and knowingly.
Every Page Matters
Each page of the Will must be numbered and signed by both the testator and the witnesses. This prevents pages from being added, removed, or swapped later.
Number the Paragraphs
This might seem like a formatting detail, but it matters. Numbered paragraphs make the Will easier to follow and reference. If someone challenges a specific point, it’s easy to point to that section.
Date It Clearly
The date of writing and signing should appear at the start and end of the Will. To avoid complications, it’s better if the Will is signed by all parties—testator and witnesses—on the same day.
That single detail helps shut down doubts about whether witnesses were present when the Will was actually made.
Comparison of Good vs Bad Drafting
A poorly worded Will leaves too much to interpretation. A well-drafted Will answers all the key questions up front and leaves no room for confusion.
Here’s what that looks like in real examples:
| Category | Bad Drafting | Good Drafting |
| Declaration by the Testator | I have made this Will on DD/MM/YYYY. | I have made this Will on DD/MM/YYYY out of my own sound mind and I am in good health at the time of making this Will. I have understood the contents of this Will in full. There was no force or coercion by anyone on me to execute the Will. |
| Property Description | Property situated at No. 1 GST Road, Tambaram shall be bequeathed between X and Y. | The Land and Building situated at No. 1 GST Road, Tambaram, Chennai – 600046, Tamil Nadu; measuring 2400 sq. ft., shall be bequeathed equally between my sons X and Y and they shall have equal rights in the said property. |
| Final Clause | This is the last Will and testament of I, Mr. A. | This is the last Will and testament of I, Mr. A. I hereby revoke all Wills and codicils if any made by me and declare this to be my last Will in respect of the properties prescribed in the Schedule. I further declare that during my lifetime, I am entitled to change, transfer, withdraw or cancel the Will. |
What you see here is the difference between a Will that may be picked apart in court—and one that holds its ground firmly.
Final Word
A Will isn’t written for today. It’s written for a time when you won’t be around to explain your choices. That’s why every word, every name, every signature matters.
There’s no fixed format. But there is a right way to do it.
Write it clearly. Name people properly. Mention what they get and why. Sign it with witnesses. And include the legal safety nets that stop others from twisting your words later.
It’s not about being rich or owning multiple homes. It’s about clarity. It’s about avoiding future fights. And it’s about making sure your intentions are respected, exactly as you meant them.
