Why Everyone Needs a Will: Understanding the Basics
Most of us tend to avoid conversations about Wills, assuming they are complicated or unnecessary. The truth is, making a Will is one of the most important steps you MUST take to secure your family’s future and avoid unnecessary legal hassles for them. As a Naval Aviator, every new posting required me to submit a Will to my unit office. That’s where I first understood its importance.
This is the first post in a series about Wills—why they matter, what goes into them, and how to create one without stress. Let’s start with the basics. I have also provided a Template in MS Word format for a Will, at the end of the 5th post. If you need, here is the link , but I would still recommend that you go through these posts, so that you understand the logic for the template.
Of course, this series of posts is for information only, not legal counsel, so if you need any clarifications, then you should consult your lawyer for a formal opinion and advice.
What is a Will?
A Will is a legal document where you write down clearly the manner in which you want your assets to be distributed after your death— these include money, property, investments, or other possessions.
Think of it as your 'voice', ensuring that after you pass on...
- Your wishes are respected.
- Your loved ones face minimum paperwork.
- Your estate is settled smoothly, without confusion or disputes.
Who Should Make a Will?
The simple answer: anyone with assets.
If you earn an income, own property, or have movable assets such as bank accounts, investments, or even inherited items, you should make a Will. In addition, here is a list of some everyone who must make a Will:
- Young earners: The moment you start earning, it’s worth making a Will. Since you are just starting, the Will document would be much simpler than that of an older person with more assets.
- Aged persons, Retirees: Do it now, you are already in your golden years of life and owe it to your loved ones to have a smooth transition of assets to their names.
- Homemakers: Even if you don’t own assets right now, you stand to inherit property, jewellery, or investments from your husband, parents or in-laws. These need to be included in a Will.
Why Make a Will?
A Will gives you control over specifying how your assets are managed after your lifetime. Without it, the law decides for you—and the process can be messy.
Some key reasons to make one:
- Protects your loved ones from unnecessary legal and financial complications.
- A Will lets you appoint guardians for minor children.
- Ensures digital assets (emails, online accounts, investments) are handled properly, including any publishing copyrights and patents.
- Prevents disputes by clearly defining who gets what.
Without a Will, your estate is divided according to the laws of succession, not as per your wishes. The list of legal heirs is large, multiple persons' signatures will be needed on all documents, and the paperwork is multiplied. Your family deserves better than all this. To cite an example, after you pass away, the flat you jointly own with your wife will become the combined property of your wife, your children and mother, not just your wife. I'll explain this in later posts.
The main point you need to understand is this - All authorities (Bank, Housing societies, MF, Demat etc) require the heir(s) to produce a legal document that confirms who the legal heir(s) is(are), without which the authorities are unlikely to transfer assets to the heir(s). The Will is that single document which can prove this beyond doubt to the authorities and they will have no hesitation in transferring the assets.
Is It Difficult to Make a Will?
Not at all. At its most basic, a you can handwrite your Will on a sheet of plain paper expressing how you want your assets distributed. To make it legally valid however:-
- Sign it in the presence of two witnesses (who are not beneficiaries - meaning they are not going to receive any assets as per your will).
- The witnesses must thereafter countersign as having been present when you signed your Will.
- Get a doctor’s attestation of mental fitness (especially important for senior citizens or those with medical conditions).
That’s it. You don’t need complicated paperwork, expensive lawyers, or fancy legal language.
Common Excuses for Not Making a Will
Despite how simple it is, many people still avoid writing a Will. Here are some common excuses—and why they don’t stand up:
- “If you're telling me to make a will, are you expecting that I will die soon?” This is the most common reason cited for not making a Will. Many of us are not comfortable speaking about death, and want to avoid the topic. It is however, necessary to overcome this, become practical about life and the trouble our loved ones might face after we pass away.
- “My spouse automatically inherits everything.” Not true. Under Hindu Succession Law, for example, assets are divided among all Class 1 heirs, which includes your spouse, children, and mother (for males). Each religion has its own Succession Laws and this is not the place to have a long discussion the Succession Laws, just some examples later on.
- “It’s
too expensive or too much effort.”
Wrong again. Writing a Will costs nothing. Registering it may cost only two or three thousand rupees. You do not need a lawyer to draft your Will if there are no major issues, believe me. - “Why
worry? I won’t take anything with me.”
True, but without a Will, you’re leaving behind chaos and stress for your family. - “My
children are pressurising me—they must be after my money.”
Such suspicions often delay making of Wills, but remember, you remain the owner of your assets while you are alive. The Will ensures the transfer happens smoothly only after you pass away. - “If
I leave my home to my children, I’ll be thrown out.”
Another misconception. A Will transfers property only after death. Never make the mistake of actually transferring ownership of your house during your lifetime (like they show in movies, for example) because this can cause problems—including being asked to vacate your own home. - “Nothing
will happen to me, I’m fine.”
Life is unpredictable. A Will is about being prepared, not being pessimistic. - “It
has to be on stamp paper or registered.”
False. A Will needs to be written only on plain paper. Registration is optional but recommended and will be discussed in later posts. My recommendation however is to use the 'ledger paper' (green paper readily available at the local stationery shop, as this has a longer life)
Excuses only delay the inevitable—and make things harder for your loved ones.
In the 6th post to come, I will also give a more detailed explanation about Nominees vs Beneficiaries. In this one I will also discuss certain considerations when bequeathing your estate to NRIs or OCI holders, and processes on filing of ITR after you pass away. So do read on.
Final Thoughts
Making a Will is not about wealth; it’s about responsibility. Whether you’re young or old, salaried or self-employed, a homemaker or a business owner—you owe it to your loved ones to leave behind clarity, not confusion.
In the next part of this series, we’ll look at nominations, beneficiaries, and the key terms you should understand before drafting your Will.
Take the first step today. It’s easier than you think.
The second part is titled, “Key terms in Making a Will- Nominations Beneficiaries Part 2 of 6” and the link is here https://polarispilot.blogspot.com/2025/09/key-terms-in-making-will-nominations.html
This is part of a 5 page 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
Some examples, discussions and clarifications - Post 6 of 6 (to be published)
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