The Ultimate Guide to Will Terminologies in India (With Everyday Examples for Each Term)

Writing a will shouldn’t feel like navigating a legal jungle. Let’s turn this complex topic into something anyone can understand! Here’s every important term you need to know, explained simply—and why each one matters for your family’s peace of mind.

Testator

Definition: The person making and signing the will.
Example: If you sit down to write your wishes for your property, you are the testator.

Beneficiary

Definition: Anyone (person or organization) who gets assets as per the will.
Example: “I leave my house to my daughter Anika.” Here, Anika is a beneficiary.

Executor

Definition: The person who ensures the instructions in the will are followed after your death.
Example: You appoint your friend Rohit to manage paperwork and distribute assets—he’s your executor.

Witness

Definition: At least two adults who witness and sign the will to confirm it’s authentic.
Example: Two neighbors are present and sign after you do—they’re your witnesses.

Probate

Definition: The court process that officially validates a will and empowers the executor.
Example: After your death, Rohit submits the will to court to get legal authority for asset distribution.

Codicil

Definition: An amendment or update to an existing will (without rewriting the whole thing).
Example: You want to add a gift for charity, so you create a codicil and attach it to your will.

Legacy / Bequest

Definition: A specific gift in your will (money or property).
Example: “I leave ₹2 lakh to my niece Priya.” That’s a legacy/bequest.

Estate

Definition: All assets and liabilities you own when you die.
Example: Your house, car, bank account, and debts together form your estate.

Residuary Clause

Definition: Deals with whatever’s left after specific gifts and expenses.
Example: “All my remaining assets shall go to my son Rohan.”

Guardian

Definition: The person you name to care for minor children or dependents.
Example: You appoint your sister as guardian for your 8-year-old child.

Testamentary Capacity

Definition: Your legal and mental ability to make a valid will.
Example: At age 65, you are of sound mind, know your wealth, and freely make decisions about your heirs.

Attestation

Definition: The act of witnesses signing your will, confirming they saw you sign.
Example: Both witnesses immediately sign on the main page after your signature.

Revocation Clause

Definition: A sentence that cancels any previous wills you made.
Example: “I revoke all past wills and codicils made by me.”

Privileged Will

Definition: Will made by soldiers, airmen, or mariners under special circumstances (may need fewer formalities).
Example: An army officer writes his will on active duty—it’s a privileged will.

Unprivileged Will

Definition: Regular will made by anyone else.
Example: A business owner drafts and signs a will with two witnesses.

Joint Will

Definition: Will made by two or more persons, often spouses, together.
Example: Husband and wife jointly leave their home to their children.

Mirror Will

Definition: Two identical wills by spouses, each naming the other as beneficiary.
Example: Both spouses have separate wills that say, “I leave everything to my partner.”

Mutual Will

Definition: Reciprocal wills by two people, promising not to revoke after the first death.
Example: Spouses each guarantee the other’s will won’t change after one passes.

Conditional Will / Contingent Bequest

Definition: Will/bequest only activates if a condition is met.
Example: “If my son passes his exam, he gets my car.”

Holograph Will

Definition: Entirely handwritten by the testator (still needs witnesses in India).
Example: You write your will by hand and sign, with two neighbors as witnesses.

Intestate

Definition: State of dying without a valid will—law decides who gets what.
Example: If you die without making a will, your assets are divided among legal heirs as per succession laws.

Letter of Administration

Definition: Court order giving someone the right to handle your estate if there’s no valid will/executor.
Example: Your bank asks your children for a letter of administration to release your fixed deposit funds.

Self-Acquired Property

Definition: Property you earned or purchased, not inherited. You can freely bequeath it.
Example: The car you bought from your earnings is self-acquired.

Trust

Definition: Arrangement to transfer property to a trustee for the benefit of specific persons.
Example: You put assets in a trust for your grandchildren’s education.

Minor

Definition: Person younger than 18 years.
Example: If you leave money to your 15-year-old nephew, he needs a guardian till he’s 18.

Absolute Bequest

Definition: Gift with no conditions—straightforward.
Example: “My gold chain goes to my wife forever.”

Partition

Definition: Division of joint family property.
Example: After your death, your sons divide the old family home.

Succession Certificate

Definition: Official court document for your heirs to access movable assets if there’s no will.
Example: Your daughter obtains a succession certificate to transfer your bank account.

Funeral Instructions

Definition: Directions for the type of last rites after death (not legally binding).
Example: You ask for a simple ceremony in your will.

Indian Succession Act, 1925

Definition: The law in India that covers wills for most communities (except Muslims).
Example: Section 59 says who can make a will, Section 63 describes how it must be signed and witnessed.

Every term above is something you might see, hear, or need while making a will. Bookmark, share with family, or reference while drafting—now you aren’t just writing a will, you’re writing it right!