Definition of Will & other Related Terms
Will: Indian Succession Act, 1925 provides that Will means the legal declaration of the intention of a person with respect to his property, which he desires to take effect after his death.
Executor: An executor is appointed by the testator, as distinguished from an administrator who is appointed by the court.
Essential Features of a Will: A Will can be made at any time in the life of a person. A Will can be changed a number of times and there are no legal restrictions as to the number of times it can be changed. It can be withdrawn at any time during the lifetime of the person making the Will. A Will has to be attested by two or more witnesses, each of who should have seen the testator signing the Will.
The essential features are:
1. Legal declaration: The documents purporting to be a Will or a testament must be legal, i.e. in conformity with the law and must be executed by a person legally competent to make it.
2. Disposition of property: In a Will, the testator bequeaths or leaves his property to the person or people he chooses to leave his assets/belongings.
3. Takes effect after death: The Will is enforceable only after the death of the testator
Who Can Make A Will: Indian Succession Act (ISA) provides that every person who is of sound mind and is not a minor can make a Will.
Format of The Will: There is no prescribed format. It must communicate the intention of the person. It can be in any language and can be either hand-written or typed.
Execution of a Will: On the death of the testator, an executor of the Will (executor is the legal representative for all purposes of a deceased person and all the property of a testator vests in him.
Signature of The Testator: S.63(a) of ISA provides that the testator shall sign or affix his mark. If the testator is unable to write his signature then he may execute the Will by a mark and by doing so his hand maybe guided by another person. In another words a thumb impression has been held as valid.
Invalid Wills: S.61 of ISA provides that a Will, or any part of Will made, which has been caused by fraud or coercion, basically not by free will, will be void and the Will would be set aside.

Registration of a will is not compulsory in India. However, registration implies that the person writing the will and the witnesses have appeared before the registering officers who have verified their identity and attested the same. The will should be registered in the office of the sub-registrar of the district in which the testator resides.
No Stamp Duty: There is no stamp duty to be paid on a will. To be a valid document, the will must be signed and witnessed by at least two witnesses.
Maintenance: After registration, the will must be kept in the sub-registrar's office. It can be modified only through notification through codicils which also have to be registered.
Probate: For a will to be valid as the basis of distribution of the assets of the deceased, it has be to probated by the court as the last and final will of the testator.
Impact on validity: A registered will can also be challenged in a court. A will does not get additional legal sanctity after registration.
Named persons: The will may name any person, not necessarily the legal heir, to receive assets or portions of the assets of the testator. more