The Essential Document Checklist for Will Writing and Registration in India
One place where families lose time and money is missing paperwork. This guide gives you a simple, exhaustive checklist of documents you should collect while drafting your will and the documents you’ll need at the Sub-Registrar’s office if you choose to register it. Registering a will is optional under Indian law, but it adds evidentiary weight and reduces future disputes.
Why documents matter
Clear documents reduce ambiguity, speed up execution, and minimize objections by heirs or creditors. Courts and registrars rely on identity, address, and asset proofs to verify capacity, intention, and the property covered.
Registration is not mandatory, but a registered will creates a strong official record and helps prevent later challenges about authenticity or execution.
Part 1: Documents for drafting your will
Before you write or finalize your will, assemble these documents. You do not submit these to any office at the drafting stage; they are for accuracy, clarity, and future proof.
1.1 Identity and personal details (Testator)
Government photo ID: Aadhaar, Passport, Voter ID, Driving Licence. Keep at least one primary ID and one backup. This ensures correct personal particulars in your will.
Address proof: Aadhaar, driving licence, recent utility bill, bank passbook, or passport showing address.
PAN card: Useful for cross-referencing identities and for estates with tax-sensitive assets.
1.2 Family and relationships
Spouse’s and children’s names, dates of birth, and IDs (Aadhaar/passport) to avoid name confusion and to define beneficiaries precisely.
Details of any prior marriages, divorce decrees, adoption orders, or guardianship orders if relevant to guardianship and succession clarity.
1.3 Executor and guardian details
Full names, contact details, and IDs of proposed executor(s) and alternate executor(s).
For minor children, proposed guardian’s full details and consent evidence (a simple signed note or acknowledgement helps, though not legally mandatory).
1.4 Movable assets
Bank accounts: Latest passbook pages or statements with account numbers and bank/branch names; include lockers and nomination details.
Investments: Demat statements, broker statements, mutual fund CAS, bond/deposit receipts, PPF/EPF/CPF/Gratuity details and nominations.
Insurance: Policy documents and nomination pages for life and non-life policies.
Business interests: Share certificates, cap tables, partnership deeds, LLP agreements, shareholders’ agreements, ESOP/RSU statements.
Vehicles: RC copies, insurance, loan/NOC status.
Digital assets: A list of important digital accounts (brokerage, wallets, email for estate access, cloud drives with family photos), crypto wallets with custody instructions, and any password manager recovery process (do not write passwords in the will; use a memorandum with executor access plan).
1.5 Immovable Assets
Title papers: Sale deeds, gift deeds, partition deeds, conveyance or allotment letters, occupancy certificates as applicable.
Revenue records and municipal records: Property tax receipts, khata/Patta, mutation entries where available.
Housing society/NOC records, share certificates (for societies), and loan/mortgage documents if any.
1.6 Liabilities and obligations
Loan statements: Home loan, vehicle loan, personal loan, credit cards; note outstanding amounts, lenders, and security.
Guarantees or indemnities given by you, if any, so the executor has a clear map of obligations.
1.7 Special items and instructions
Heirlooms and jewelry inventories with photographs for identification and location notes.
Memorandum of personal effects (non-registered side letter) to keep minor items organized and updateable without changing the will.
Charitable bequests: Registration details of the trust/NGO and bank particulars for smooth transfer.
1.8 Medical capacity documentation (recommended)
Fitness certificate from an MBBS/MD doctor (on clinic letterhead) stating you are of sound mind and making the will voluntarily; not legally mandatory, but very helpful against future challenges alleging incapacity or undue influence.
1.9 Witness planning
Identify two adult witnesses who are not beneficiaries and not spouses of beneficiaries; collect their IDs and addresses and confirm future availability for testimony if needed.
Part 2: Documents for registering your will
Registration of a will is optional under the Registration Act, 1908, and the will can be presented at the Sub-Registrar’s office with the testator and two witnesses. States capture biometrics and photographs; fees are nominal and vary by state.
Core documents to carry
Original signed will: Executed by you and attested by two witnesses; bring the original physical document.
Testator’s ID proof: Aadhaar, Passport, Voter ID, or Driving Licence.
Testator’s address proof: Aadhaar, DL, recent utility bill, or passport showing address.
PAN card of testator: Frequently requested for identity/records.
Passport-size photographs of testator: Some jurisdictions capture photos/biometrics on-site; carry two photos as a fallback.
Two witnesses physically present: Each with photo ID and address proof; carry 2 passport-size photos for each as a fallback.
Medical certificate (recommended): From an MBBS/MD doctor stating you are of sound mind; not legally mandatory but strengthens the record.
Additional documents that may be requested or useful
Property identifiers: Copies of key property papers (first/last page of sale deed, flat/society share certificate) to precisely describe assets in the will, if the registrar seeks clarity.
Office, timing, and fees
Jurisdiction: Present the will at the Sub-Registrar’s office per local rules on place of presentation; some states allow discretion and special attendance at residence on sufficient cause.
Fees: State-wise; typical nominal registration charges, often in the low thousands or less.
Biometrics and recording: Registrar verifies identities, captures photos/thumb impressions where applicable, and records the will in the presence of testator and witnesses.
After registration: The original will is returned; the office keeps a copy on record and/or issues a registration endorsement/certificate. Store the original safely and inform your executor.
Practical tips to avoid rejection or delays
Consistent names: Ensure all IDs and property papers have consistent names/initials; add an “also known as” line in the will if needed.
Witness neutrality: Keep witnesses independent and not beneficiaries to avoid future undue influence allegations.
Legibility and pagination: Number every page, sign or initial each page, avoid overwriting; annex schedules for asset lists.
Health documentation: A simple contemporaneous medical certificate reduces future challenges on capacity, especially for senior citizens or those with medical histories.
Keep a non-registered memorandum: For small, frequently changing items; the main will should be stable, while the memorandum can be updated periodically.
Communicate location: Tell your executor where the original will is kept; consider a sealed envelope and record of access.
Quick checklist
Drafting your will: bring together
ID and address proof of Testator (Aadhaar).
PAN card of Testator.
Family details with IDs and DOBs.
Executor and alternate executor details.
Movable assets: bank/demat/mutual funds/insurance/PPF/EPF statements; business records. Bank, investments, insurance: Numbers, folios, statements.
Immovable property documents: title, tax receipts, society papers, loan docs. Title refs, society/tax IDs, loan details.
Loans/credit statements and guarantees.
Heirloom/jewelry inventory with photos.
Vehicles/valuables: RCs, inventory with photos.
Digital/crypto: Account list, custody memorandum reference.
Charitable bequest details.
Business: Entity IDs, % holding, key agreements.
Medical fitness certificate (recommended).
Witness plan: Two independent witnesses with IDs.
Debts and guarantees.
Registering your will: carry to Sub-Registrar
Original executed will.
Testator’s photo ID and address proof. (Aadhar Card)
PAN card.
Two passport photos of the testator (fallback).
Two witnesses present with photo ID, address proof, and photos (Aadhar Cards).
Medical certificate of sound mind (recommended).
Supporting property document copies if asked.
Registration fee receipt (state-wise nominal).
How iWills.in can help
Smart collection: A guided flow to capture asset details, nominees, and documents, reducing gaps and errors.
Legally sound drafts: Attorney-reviewed structures, correct attestation, and witness guidance.
Registration-ready pack: A checklist plus organized print set for the Sub-Registrar office, including cover letter, ID index, and page-numbered exhibits.