The Polaris Pilot: It''s easy to draft a Will -Guidelines and tips -WILL Essentials -Post #3 of 6

How to Draft Your Will: Components and Practical Tips

In the earlier blogs, we discussed why making a Will is essential and clarified the difference between nominations and beneficiaries. Now, let’s get into the practical part: How to draft your Will.

The good news? It doesn’t need to be complicated. What matters most is clarity, simplicity, and foresight. You also don’t need a lawyer if everything is simple (Despite the image on this blog page !!)

This post is Part 3 of a total of 6 Posts. Link to Part 2 titled "Key Terms in Making a Will"

Key Components of a Will

When drafting your Will, keep these points in mind:

Clarity Above All

Be specific. Avoid vague or open-ended statements.
Use simple language and shorter sentences that cannot be misinterpreted.

Cancel Previous Wills

Always begin by stating that you revoke all previous Wills and codicils, and that this one dated ....... is your last Will and testament.

List out all your assets. It is necessary to give a detailed list wherever you are a complete owner or partial owner of the property(ies) you may own, your investment details, and list of vehicles etc.

Mention whether the property is self acquired (purchased with your funds) or inherited. If you have received any Inherited property as an heir via a Will or by a clear title through a formal family agreement - this will count as self-acquired property as far as your Will is concerned. Clearly mention for jointly held property, that you bequeath your completed undivided share to your wife. If the ancestral property is undivided, then you should clearly mention that you Will and bequeath your undivided share to your heirs.
List all your investments clearly. You could simply put the bank Customer ID and say that all the FD bank account etc listed under that FD are your assets. Similarly, your Demat account number or MF account No etc will serve to identify your investments. This is because over time, you may sell assets or purchase some more and this wya you don't need to list each and every FD, MF unit as long as you have clarified the Customer ID.
List any jewellery you hold (either purchased or inherited). Women should mention if anything is received as 'Stree Dhan' because this has a special legal connotation.
While you should not put it in the Will, you must keep ready for your family, all the documents for any Loans that you are repaying, the EMIs. Also list the arrangements you have made for the repayment in case of your death (eg - a Term Life Insurance Policy). List any other liabilities as well, store this information in the same location but separate from your Will. Your family must know about all this.

Define Your Family Clearly

Mention your wife, children, parents, siblings, and in-laws as you feel will be relevant.
Start by clearly stating that I have only two children (or three) and so on. Qualify this by stating their names with all details. (Do not use a loose term like 'I have two sons' - the authorities may twist things saying that the deceased has not specified if there are any daughters, or more than two sons. It is the same for brothers and sisters.

Identify Heirs and Alternate Beneficiaries (Succession Order)

Ideally, name one primary heir (usually, your wife). State that you Will and bequeath all immovable and immovable assets to her, except as mentioned later in the Will. This could be done in case you have bequeathed some amount of money your children, or one property to your only daughter (if you own two flats for example).
Define who inherits your estate if your wife (the primary heir) dies before you. (Predecease means that she dies before you). Clearly define that if your wife passes away then children, parents, or siblings, other relatives will receive your inheritance in a specific order and in a specified percentage. For example, you could both children can receive 40% each and your mother receives 20% of your movable assets and the house she's living in.
Think about unforeseen events—such as the entire family perishing in an accident—and specify a fallback succession beyond your immediate family also; this could be your bother/sister etc. This is called an order of succession, and will of 'future-proof' your Will, until you make another one after some changes. After you have made this, suppose your wife passes away, you do not need to amend your will, you would have already specified that your children shall inherit it in a particular share and so on if your wife is not alive when you die.

Property Distribution

You do not need to divide all your assets exactly in equal parts (down to the last rupee); a fair distribution to all beneficiaries would be sufficient. It is always a good idea to discuss with the family what they each would like to receive based on their needs. Some reasons can be - one of them has emigrated overseas or a different city, and does not expect to settle back at the home she grew up in. This home can then be bequeathed to the other child.
Avoid bequeathing a single house to multiple children (for eg. , "both my children will get 50% share in my flat no 4, at Heavenly Housing complex") . This creates multiple owners and may lead to dispute. It can happen that one child needs to sell the flat because she requires the money, and the other wants to live in it, creating a difficult situation. Instead, assign each child a specific property or specify clear financial arrangements for equitable distribution in case of only one house, In such a case, the flat goes to one child, and from the investments etc, an amount equivalent to half the approximate cost of that flat has to be given to the other child if there are adequate funds. If your funds are not adequate, then really there is nothing else you can do, because it is still not a good thing to have joint ownership of the flat.
If you and your wife jointly own a flat -clearly state "my undivided share goes to my wife". This way the ownership will become single (your wife will be the total owner) after you pass, and the other way around. Both spouses should make Wills that are aligned and consistent in the same way, including the successive beneficiaries. This means, if you have bequeathed the flat to Child A and money to B, then the wife should make the same arrangement. Making a Joint Will (that is, one single Will together) is complicated and I would not recommend it.

Special Clauses

Digital Assets: Mention what happens to your phone number, email accounts, and online investments, copyrights and patents if any. Do not list passwords in the Will—store them securely elsewhere in a location your family knows.
Vehicles: Mention Transfer ownership of vehicles to any one of the heirs, without stating registration numbers since these can change.
Mention of items or properties you stand to inherit: If you know that your father has Willed you his flat for example, then you should mention this in your Will stating ' my Father Mr ..... has bequeathed me his flat No 420, in Heaven Hills Housing Colony. This flat, I Will and bequeath to my younger daughter, in toto', or something like this.
Jewellery: If you believe there could be a dispute, then you should photograph each piece of jewellery (put a label next to it while photographing each item, with the name / serial number of the item) and include a printed photograph in the Will.

In the entire conversation here, I have written it as though the husband is making the Will, just to simplify the construction. Wives also must make a Will preferably at the same time as the husband, and specify everything in the same manner.
In all this, a detailed discussion with your family members about their needs or preferences will definitely help in going a long way to avoid confrontations later on.

Witnesses and Attestation

A Will must be signed in front of two witnesses who cannot be beneficiaries; the witnesses must sign on the Will document. If you are registering the Will, your lawyer / person assisting with the process will tell you whether the Witnesses also need to travel to the Registrar's office and affix their signatures there.
A witness cannot be a Beneficiary in your Will. For example, if you have listed your brother as a successive beneficiary he cannot sign as a witness.
Ideally, choose witnesses younger than you, so they’re likely to be available later to clarify.
Obtain a doctor’s certificate / Signature with stamp and all details on the Will, confirming that you are of sound mind - this is essential for senior citizens or those with health conditions.

Registration of a Will

A Will on plain paper is valid if completed as above. There is no cost to you if you are not registering the Will. Writing it on green or ledger paper gives it a longer life. A stamp paper is neither required nor recommended.
Registration however, adds authenticity and is definitely recommended if you own property in more than one city. It is also recommended in case you feel that there may be a dispute about your estate after you pass. A court order might be otherwise required in case of a dispute.
Heirs can retrieve a certified copy from the Registrar’s office if the original is lost.
If traveling to the Registrar’s office is difficult, some states enable registration at home for senior citizens.
Check with the agent or lawyer that you engage for the registration, about the specifics of witness attestation, format etc.

Avoiding Common Pitfalls

Joint Ownership Disputes: Do not leave a single property (house, flat, land) to multiple heirs without clear division. This often leads to disagreements.
Contradictory Wills: Spouses must ensure their Wills mirror each other in spirit and letter to avoid disagreement.
Not specifying a Succession Order: Always define who inherits next if your primary heir passes away first, and so on. For example, if you and your spouse both pass away then you can specify your mother, children, sister etc in descending order or in a percentage. This kind of situation can happen if you're traveling together and perish in an accident.
Not Updating the Will: Review your Will after major life events—marriage, children, separation, or inheritance. In the case of separation or divorce, it is essential to specify this, but do check with the lawyer handling your case, for better clarity.

Real-Life Example - Benefit of a specifying a Succession

A 92-year-old woman had bequeathed her house to her son. Unfortunately, in 2024 the son passed away before her at the age of 63. Since her Will didn’t specify what would happen if the son predeceased her, the document had to be redrafted and freshly registered. If she had mentioned her daughter-in-law or grandchildren as alternate heirs, the original Will would have remained valid. Since she was over 90 years old, there were challenges in going to the Registrar’s office for sure.

Final Thoughts

A Will doesn’t have to be a complicated legal puzzle. With clear writing, defined heirs, and attention to detail, you can save your family from years of litigation and stress. Remember there is no cost to making a Will at home on plain paper - just ensure that it is signed by two independent witnesses and preferably a doctor.

In the next blog, we’ll look at what happens when someone dies without a Will—and the long legal and financial challenges the family faces.

Do read further, Part 4, titled "Without a Will - Burdens on your loved ones after you pass" is here

This page is from a 6 part series of posts. The complete indexed list of links is below.

Make your Will now – Part 1 of 6

Key terms in Making a Will- Nominations Beneficiaries Part 2of 6

Drafting a Will - Guidelines and tips Part 3 of 6

Without a Will - Burdens on your loved ones after you pass -Part 4 of 6

Living Will or Advanced Medical Directives - Post 5 of 6

Some examples, discussions and clarifications - Post 6 of 6 (to be published)