Doctor certificate template to attach while drafting your will

In India, a doctor’s certificate is not legally mandatory to make or register a will, but it can be powerful evidence that the person was of sound mind and acting voluntarily, especially for seniors or those with health issues. For iWills.in users, it works like a shield: a simple document that can dramatically reduce the chances of future disputes over the will.

What the Law Actually Requires: Sound Mind, Not a Doctor

The Indian Succession Act, 1925 allows any person of sound mind who is not a minor to make a will. Section 59 makes it clear that the key requirement is mental capacity—being able to understand what a will is, what property you have, and who you are giving it to—not a medical certificate.

Courts in India have also clarified that a will does not automatically become invalid just because there was no medical certificate when it was signed. In one Bombay High Court case, probate for a will was granted even without a doctor’s certificate, because the witnesses and surrounding circumstances showed that the testator was physically and mentally fit and understood the will.

So, from a pure legal standpoint:

• What matters is that the testator is of sound mind, understands the contents, and signs the will freely in the presence of proper witnesses.

Then Why Bother? How a Doctor’s Certificate Helps in Real Life

If the law does not insist on it, why do so many lawyers and planners still recommend a doctor’s certificate for some wills? The answer lies in how wills are challenged later.

When a will is contested, common allegations are:

• “The testator had lost mental capacity.”

• “They were influenced or pressured by someone.”

• “They did not know what they were signing.”

In such cases, courts look closely for “suspicious circumstances”—old age, serious illness, drastic change from an earlier will, or one heir getting everything. A doctor’s certificate becomes strong, neutral, third‑party evidence that the testator was mentally fit at the time of making the will.

It is especially useful when:

• The testator is a senior citizen, typically above 65–70.

• There is a history of neurological or psychiatric illness (dementia, Alzheimer’s disease, stroke, depression, etc.).

• The will favours one heir heavily (for example, one child gets almost everything; others get very little or nothing).

• The testator is financially or physically dependent on the main beneficiary.

In all these situations, a simple, one‑page certificate from a registered doctor can significantly strengthen your case if probate or litigation arises later.

When iWills.in Users Should Be Encouraged to Get It

To keep things practical for your clients, you can convert the above into a simple decision rule on iWills.in.

Strongly recommended:

• Age 65+ or visibly frail.

• Any known mental health or neurological condition—past stroke, dementia, serious head injury, long‑term psychiatric treatment.

• Second marriages, step-children, or blended families where challenges are more likely.

• Wills that drastically change earlier arrangements (e.g., disinheriting one child, giving everything to a new spouse)

How to Get a Doctor’s Certificate in Practice

For most clients, the process is quick and familiar—it is like getting any other fitness certificate.

Step 1: Fix an appointment
Book a consultation with a registered MBBS doctor or, where there is a complex mental health history, a psychiatrist.

• Step 2: Explain the purpose
  Clearly tell the doctor: “I am planning to sign my will and I need a mental fitness / medical fitness certificate confirming I am fit to execute a will.”

• Step 3: Doctor’s assessment
  The doctor will usually check orientation (time, place, person), memory, understanding of your family and property, medications, and ask a few questions to see if you understand what a will is.

• Step 4: Certificate on letterhead
  If satisfied, the doctor issues a certificate on their letterhead with date, place, registration number, and a clear statement that you are of sound mind and mentally fit to execute a will.

Fees vary but are usually small compared to the size of most estates—often similar to a regular consultation. For iWills.in users, you can present this as a one‑time, low‑effort step that can save their heirs years of arguments later.

Sample Doctor’s Certificate Template 

You can include the following template on iWills.in so users can print or download it and share it with their doctor as a reference.

Doctor’s Certificate of Mental Fitness for Making a Will

On Letterhead of: Dr. ___________________________
Qualifications: MBBS / MD (______________)
Medical Council Registration No.: __________________
Clinic Address: __________________________________
Contact No.: __________________________

Date: ___ / ___ / ______
Place: ___________________________

CERTIFICATE

I, Dr. _______________________, MBBS / MD (__________),
Medical Council Registration No. __________________, hereby certify that I have personally examined:

Name of Patient (Testator/Testatrix): ___________________________
Age: ______ years
Gender: __________________
Address: _________________________________________________

On this day, after clinical examination and interaction, I am of the opinion that:

1. The above-named person is conscious and oriented to time, place, and person.

2. The person is able to understand the nature and effect of making a Will, including identifying their family members, assets, and the consequences of bequeathing those assets.

3. At the time of examination, there is no apparent mental incapacity, confusion, delirium, intoxication, or any condition that, in my professional opinion, impairs decision-making capacity.

4. The person has been examined voluntarily, in my presence, and has not shown any signs of coercion, pressure, or undue influence during the consultation.

In my professional opinion, as on the date and time of this examination, Mr./Ms. ___________________________ is of sound mind and mentally fit to execute a Will.

Signature of Doctor: ___________________________
Name of Doctor: Dr. ___________________________
Seal / Stamp:

(This certificate is issued on the request of the patient for the limited purpose of confirming mental fitness for executing a Will.)

Summary

A doctor’s certificate is not legally mandatory to make a valid will in India, but it can serve as powerful evidence that the testator was of sound mind and acting voluntarily—especially in cases involving senior citizens, unequal distributions, second marriages, or potential family disputes. While the Indian Succession Act, 1925 only requires mental capacity and proper execution before witnesses, wills are often challenged years later on allegations of incapacity or undue influence. In such situations, a simple medical certificate obtained at the time of signing can significantly strengthen the will and reduce litigation risk. For iWills.in users, it is a small preventive step that can protect their family from major legal and emotional conflict in the future.