A will is a legal document that acts as a declaration that a person makes with respect to the devolution of his property after his death. Even though a will is a legal document, it does not have a standard format. It can be typed or written. It is preferred to have wills in writing as it becomes easier to prove and execute in the court of law. Wills can also be made on a normal piece of paper; it need not be a stamp paper.

Any person, who is of a sound mind and not a minor, is qualified to make a will. A person who is intoxicated to the level that it impacts his decision-making ability and is incapable of understanding the consequences of his action cannot make a will. The corporate bodies are also incapable of making wills. The law of wills in India is governed as per various personal laws that are listed below:

1. Hindu Succession Act
2. Indian Succession Act.
3. Muslim Personal laws.
4. The Indian Registration Act.

The person who makes the will is called a testator, and the will comes into effect after the death of the testator. A testator has a right to revoke the will during his lifetime. As per section 59 of the Indian Succession Act, there are certain basic criteria for making a will, such as, the testator should be of sound mind, he should have the authority to dispose of the property, should be aware and have knowledge of all the contents in the will, should make the will with free consent there should not be any undue influence, coercion, or fraud while making the will, and it should be a voluntary act.

There are certain essential characteristics of a will such as:

1. It should be a legal declaration. The will or the testament should be in conformity with the law and it should be executed by a person who is in legal capacity to do so.
2. The declaration made in the will should deal with the devolution of the property of the testator.
3. The declarations so made, should be intended to come into effect only after the death of the testator.

Certain legal formalities should be fulfilled:

1. Language of the will made, should not be unambiguous. It should clearly state the intention of the testator.
2. Attestation of a will should be done. A will must be attested by two witnesses. The witnesses should sign in the presence of each other and the testator.

Registration of a will is not compulsory in India, even if it relates to immovable property. However, a will must be proved to be duly valid for its executive as stated in the Indian Succession Act. There are various conditions under the personal laws as well which are to be duly adhered to for making and executing a valid will. For Hindus, Jains, Sikhs, and Buddhists a will is not revoked upon marriage, the executor can be the witness for attestation, and probate is mandatory. Under Muslim law, wills can be made orally as well, Indian Succession Act does not apply to Muslims unless the testator states the same. Therefore all the conditions and requirements for wills should be duly complete.

This Article Does Not Intend To Hurt The Sentiments Of Any Individual Community, Sect, Or Religion Etcetera. This Article Is Based Purely On The Authors Personal Views And Opinions In The Exercise Of The Fundamental Right Guaranteed Under Article 19(1)(A) And Other Related Laws Being Force In India, For The Time Being.