The person writing the Will (the Will maker or Testator) much be at least 18 years of age.
Own independent decision:
The Testator must create the Will voluntarily, of his or her free will, and without any undue influence from others.
The testator should be of sound mind and lucid at the time of creating the Will. He or she should understand the effect of the wishes outlined in the Will.
Appointment of Executor:
It is important to appoint a trusted person as the Executor of your Will. He or she will be responsible for carrying out the wishes as per your Will after your demise.
The Will must be signed by the Testator in the presence of at least two witnesses. Ideally the witnesses should not be beneficiaries of interest in the Will.
Each of the two witnesses must also sign the Will to acknowledge its validity and authenticity.
Format of the Will:
A valid Will does not have a prescribed format in India. However, practically a Will should include certain declarations by the Testator, personal and family details, asset list, beneficiary details, wishes, etc. If you create a Will with Yellow, it will automatically contain all the details and meet the criteria for the most robust Will possible.
Not required for a legally binding and valid Will:
Stamp paper: A Will is exempt from stamp duty. It can be hand-written or typed on plain paper using any Will format.
Registration: It is not by law mandatory to register your Will at the sub registrar's office. However, we do recommend a registered Will in certain situations: e.g. if immovable property is part of the Will. Yellow will assist with your Will registration process.