Will: format, the two-witness rule, what makes it invalid

What the format has to do

A will has two jobs. It must say clearly who gets what, and it must be signed in a way the law accepts. The first job is about words, and Section 74 of the Indian Succession Act, 1925 is generous: no technical words or "terms of art" are needed, only wording from which your intentions can be known. The second job is strict, and it is set by Section 63.

The rules here come from the Indian Succession Act, which applies them to wills made by Hindus, Buddhists, Sikhs and Jains through Section 57. They do not apply to wills made by Muslims (Section 58), who follow Muslim personal law.

The clauses, in order

1. Heading and declaration. "Will" or "Last will", your full name, parent's or spouse's name, age and address, and a line that you make it of your own free will and in sound mind.
2. Revocation. A line cancelling all earlier wills and codicils (a codicil is a later document that changes a will). Section 70 recognises a later will as a way of revoking an earlier one.
3. Executor. The person who will carry out the will, with an alternate if the first cannot act.
4. Your property. Each item described well enough to be found — address of a flat, bank and branch, folio of shares.
5. The gifts (bequests). Who gets each item, with their relationship to you.
6. If a beneficiary dies before you. Where their share goes instead.
7. The residue. Who gets everything not specifically mentioned.
8. Guardian. For children under 18, if any.
9. Signature and attestation. Your signature at the end, then the two witnesses'.

A sample will

This is an illustration with invented names. Use it to understand the shape, not to copy facts that do not fit your family.

WILL

I, Sunita Rao, wife of Mohan Rao, aged 62, residing at 14 Lake View Road, Pune 411001, make this will of my own free will and while of sound mind.

1. Revocation. I revoke all earlier wills and codicils made by me.

2. Executor. I appoint my brother, Prakash Kulkarni, of 7 Station Road, Nashik, as executor of this will. If he is unable or unwilling to act, I appoint my friend Asha Menon of 22 Hill Street, Pune.

3. My flat. I give my flat at 14 Lake View Road, Pune 411001 to my husband, Mohan Rao. If he dies before me, it shall go to my daughter, Meera Rao, and my son, Arjun Rao, in equal shares.

4. My bank deposits. I give my savings account no. 0000 1234 5678 and all fixed deposits held in my name at the Deccan branch, Pune, of the bank where that account is kept, to my daughter, Meera Rao. If she dies before me, they shall go to her children in equal shares.

5. My jewellery. I give all my gold jewellery to my son's daughter, Kavya Rao.

6. Residue. I give everything else I own at my death, after payment of my debts and the expenses of carrying out this will, to my son, Arjun Rao, and my daughter, Meera Rao, in equal shares.

Signed at Pune on 26 October 2026.

(signature) Sunita Rao, the testator

Attestation. Signed by the testator, Sunita Rao, as her last will, in our presence, and each of us has signed below in her presence.

1. (signature) Name: Ravi Desai · Address: 3 Market Lane, Pune 411002
2. (signature) Name: Fatima Shaikh · Address: 9 Park Avenue, Pune 411005

Notice what the sample does not do: neither witness is a beneficiary or married to one, every gift says what happens if the person dies first, and there is a residue clause so nothing is left out.

How to sign it — Section 63

• You sign at the end, below the last clause, so it appears you meant the document as your will. If you cannot sign, you may put your mark, or another person may sign for you in your presence and at your direction. Initial every page as well.
• Two or more witnesses. Each must have seen you sign, or have received your personal acknowledgment of your signature.
• Each witness signs in your presence. The Act does not require the witnesses to be present at the same time, and no particular form of attestation is needed. Signing all together in one sitting is still the clearest.
• Write each witness's full name and address under their signature. If the will is ever questioned, Section 67 of the Bharatiya Sakshya Adhiniyam, 2023 requires at least one attesting witness, if alive and able, to be called to prove it.

Registration is optional: Section 18 of the Registration Act lists wills among the documents that may be registered.

What makes a will, or part of it, invalid

Problem	What the law says
Made by a minor, or someone not of sound mind at the time	Section 59: only a person of sound mind who is not a minor may make a will
Caused by fraud, coercion, or pressure that took away free will	Section 61: the will, or that part of it, is void
Not signed by the testator, or not attested by two witnesses as required	Section 63 is not met
A gift to a witness, or to a witness's husband or wife	Section 67: that gift is void; the rest of the will stands

Cost

Make the will on eMunshi for ₹1,299, all-inclusive, with the signing instructions. An advocate's review is available for ₹499.