Will Drafting Mistakes: The Simple Fix That Stops Family Court Disputes
Putting off drafting your will feels harmless today — but when you're gone, a poorly drafted or absent will can leave loved ones confused, exposed and embroiled in disputes. A well-drafted will means clarity, fewer legal headaches and peace of mind.
Why It Matters
If you die without a valid will (intestate), your estate will be distributed under default laws (e.g., Hindu Succession Act, 1956 for Hindus) which may not reflect your wishes.
Key Steps in Drafting Your Will
| Step | What to do | Why it matters |
|---|---|---|
| 1. List all assets & liabilities | Include immovable property, bank accounts, jewellery, investments, digital assets | Avoids omission of valuable items |
| 2. Decide beneficiaries & executor | Name who gets what and who carries out your wishes | Reduces ambiguity and dispute risk |
| 3. Draft the will in clear language | Describe assets precisely, use unambiguous terms | Vague wording often leads to court challenges |
| 4. Sign & get two witnesses | Under Indian Succession Act, sign in presence of two witnesses | Failure here can invalidate the will |
| 5. Review/update periodically | Change if you acquire/dispose of assets, marry/divorce, have children | Keeps will relevant and legally sound |
Scenario: What can go wrong if you skip proper will-drafting
Mr P had some property in Delhi and a bank account. He prepared a "handwritten will" without legal review, using general terms like "all my assets to my daughter". He did not name an executor nor update it when he bought another flat. After his death, his wife and daughter got into disagreement about the new flat and bank account management. The lack of a clear, professionally drafted will led to a long court process, legal fees and family stress.
How We Help
We prepare a complete will-drafting service for Delhi & UP that includes:
- Asset mapping and beneficiary appointment
- Clear precise drafting and correct execution with witnesses
- Advice on registration (optional but recommended)
- Review and update services when circumstances change
Ready to draft your will?
Contact us and we'll send you a full checklist, draft the document to suit your wishes and ensure your legacy is protected.
Get Will Drafting Help