A Complete 2025 Guide (Probate, Codicile, Succession & More)
Learn the complete law of Wills in India—testamentary succession, codicils, probate, letter of administration, validity, procedure & rights under Indian law.
A Will (also called a testament) is one of the most important legal documents a person can create. It determines how their property will be distributed after death. In India, the law relating to Wills is governed by the Indian Succession Act, 1925, except for certain communities governed by personal laws.
This article explains:
– What is a Will
– Testamentary succession
– Codicile
– Probate
– Letter of administration
– Validity & registration
– Procedure & rights
What is a Will?
A Will is a legal declaration made by a person (the testator) regarding the distribution of property after death. It must be voluntary, written, signed, and attested by two witnesses.
What is Testamentary Succession?
It means inheritance based on a Will. It ensures that property is distributed according to the individual’s wishes.
Codicile: Modifying a Will
A codicile modifies, corrects, or adds to an existing Will. It must be executed like a Will and works as an amendment.
Probate: Official Proof of a Will
Probate is a certificate issued by the court confirming the Will’s genuineness. Mandatory in Mumbai, Kolkata, and Chennai.
Letter of Administration
Issued when the Will does not name an executor. It authorizes a legal heir to manage and distribute the estate.
Who Can Make a Will?
Any person above 18 years, of sound mind, free from coercion.
Elements of a Valid Will:
– Declaration of sound mind
– Appointment of executor
– Details of property
– Beneficiaries
– Signatures and witnesses
Registration of Will:
Not mandatory but increases evidentiary value.
Grounds for Challenging a Will:
– Fraud
– Coercion
– Lack of capacity
– Suspicious circumstances
Roadmap to Making a Will:
1. List assets
2. Choose beneficiaries
3. Appoint executor
4. Draft Will
5. Sign with witnesses
6. Optional: Register
Probate Process:
– Petition
– Submission of original Will
– Notices
– Verification
– Grant of probate
Differences: Probate vs Letter of Administration
– Probate: Executor named
– LoA: No executor named
Personal Law Overview:
Hindus, Sikhs, Jains, Buddhists: Indian Succession Act.
Muslims: Personal law, only 1/3rd property can be willed without consent.
Conclusion:
Understanding probate, codicile, letter of administration, and testamentary succession ensures property is protected and distributed as intended.
