Beyond Property: Living Wills, Advance Directives, and Succession Laws
In the previous blogs, we explored the importance of making a Will, drafting it clearly, and the painful consequences of dying without one. But there’s another equally important aspect of planning for the future—your medical choices.
Alongside that, it’s vital to understand the legal framework that governs inheritance in India when no Will is made.
This page is the last page of a 5 part blog, the previous page is titled "Without a Will- Burdens on your loved ones after you pass"
What Is a Living Will (Advance Medical Directive)?
A Living Will, also called an Advance Medical Directive, is a legal document that specifies the kind of medical care you want—or don’t want—if you become unable to communicate your wishes.
This could include decisions about:
- Use of ventilators or feeding tubes in terminal illness.
- Whether you want life-prolonging treatment when recovery chances are negligible.
- Whether doctors should perform resuscitation (CPR) in critical cases.
The key idea is simple: your family shouldn’t have to make these painful choices for you without guidance on what your wishes were.
Why It Matters
Modern medicine can sometimes prolong life at the cost of comfort and dignity. A Living Will ensures your preferences are respected and relieves your loved ones of guilt or conflict when making medical decisions.
For example, I recently signed a Do Not Resuscitate (DNR) form during hospital admission, clearly stating that I didn’t want aggressive life-extending treatment in certain situations. This made my family’s role much easier—they simply had to follow my wishes.
Legal Recognition in India
- In 2018, India's Supreme Court allowed people to draw up living wills and thereby choose passive euthanasia, where medical treatment can be withdrawn under strict guidelines to hasten a person's death. Active euthanasia - any act that intentionally helps a person kill themselves - is illegal in the country. Here is a link to a blog about the SC Judgement from 2018 about a Living Will. Dr Nikhil Datar, a Malad-based gynaecologist had filed this case. He also fought for and won many rights for pregnant women.
- BBC brought out an article on the importance of a Living Will, the link is here.
- A hospital in Mumbai has started a clinic to help prepare a living Will - here is the link.
The Hindu Succession Act: What Happens Without a Will
If you don’t leave behind a Will, the Hindu Succession Act decides how your assets are divided. Here’s a simplified view:
- For Male Hindus
- Assets are divided equally among all Class I heirs (wife, children, and mother).
- If there are no Class I heirs, property goes to Class II heirs (father, siblings, grandchildren, etc.).
- For Female Hindus
- Assets pass first to sons, daughters, and husband.
- If none, then to the husband’s heirs.
- Next to her parents.
- Finally, to the heirs of her father and mother.
- Agnates and Cognates
- If there are no Class I or Class II heirs, property may pass to distant relatives connected through male (agnates) or mixed (cognates) lineage.
The takeaway? Without a Will, your spouse does not automatically inherit everything. Assets can be split among multiple heirs, creating legal and emotional complications.
A Final Call to Action
Throughout this series, we’ve looked at:
- Why everyone needs a Will.
- The difference between nominees and beneficiaries.
- How to draft a Will with clarity.
- The painful consequences of dying intestate.
- Living Wills and succession laws.
The message is clear: don’t delay. Creating a Will—or revising an existing one—takes only a little effort but saves your loved ones years of struggle.
Take a deep breath, step out of your comfort zone, and do it today. Your family will thank you tomorrow.
To make it simple, here is a template for making a Will. It is formatted for Legal sized paper, with a header (leaving extra space for the Registrar’s stamp) and footer for your Identity document details.
This page is part of a 5 part series of posts. The complete indexed list of links is below.
Make your Will now – Part 1 of 5
Key terms in Making a Will- Nominations Beneficiaries Part 2of 5
Drafting a Will - Guidelines and tips Part 3 of 5
Without a Will - Burdens on your loved ones after you pass -Part 4 of 5
Living Will or Advanced Medical Directives - Post 5 of 5
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