Top 10 Myths About Wills (And Why Every Indian Family Should Know the Truth)

Drafting a will is one of the most powerful—yet misunderstood—steps you can take for your family’s financial security. In India, myths and misinformation keep most people from acting until it’s too late. Let’s clarify the most common misconceptions about wills, so you and your loved ones can make informed choices.

1. “I Don’t Need a Will—My Family Knows My Wishes.”

Reality:

Verbal assurances hold no legal value in India. If you pass away intestate (without a will), succession laws—not your loved ones—decide who inherits your assets. This can cause confusion, delays, and even family disputes. A written, signed, and witnessed will is the only way to ensure your wishes are legally binding and clear.

2. “Wills Are Only for the Wealthy.”

Reality:

Whether you own a small flat, a bit of jewelry, modest savings, or even digital assets, a will matters. Even “ordinary” assets can result in disputes or delays if not clearly assigned. Anyone with any assets at all—including single savings accounts or insurance—should have a will.

3. “I’m Too Young to Make a Will.”

Reality:

Life is unpredictable. Accidents and illness can happen to anyone, regardless of age. Making a will isn’t about expecting the worst—it's about being responsible and proactive for those you care about. Young professionals with savings, property, or dependents especially need to plan ahead.

4. “Without a Will, Everything Goes to My Spouse or Children.”

Reality:

This is a major misconception. Indian succession laws (like the Hindu Succession Act, 1956) may divide assets among spouse, children, and parents simultaneously—sometimes even siblings—depending on the situation and religion. The split may not match your personal wishes, and it can cause delays and disagreements within the family.

5. “Creating a Will Is Complicated and Costly.”

Reality:

Today’s technology has made will creation easy and budget-friendly. Online platforms such as iwills.in offer guided steps, clear forms, and even legal consultations—removing jargon and complexity. In most cases, you won’t need a lawyer for simple wills.

6. “A Valid Will Must Be Registered or Notarized.”

Reality:

As per Indian law, a will does not need to be registered or notarized to be valid. Simply signing your will in the presence of two independent witnesses (who are not beneficiaries) is fully sufficient. Registration is optional but can offer extra legal protection by providing public record.

7. “My Nominee Will Inherit Everything.”

Reality:

A nominee is a caretaker of an asset until the rightful heirs are determined—not the final owner (unless otherwise provided by law). For example, a bank nominee holds the funds in trust for all legal heirs per your will or succession laws.

8. “My Will Cannot Be Challenged in Court.”

Reality:

While a well-drafted will reduces the likelihood of challenges, it is not immune to being contested. Disgruntled relatives can dispute a will’s validity, especially if terms seem unfair or the document is ambiguous. Updating your will, providing medical certificates if you're elderly, and avoiding coercion help make your intentions clear and defensible.

9. “One Will Lasts Forever.”

Reality:

Major life events—marriage, divorce, birth, death of beneficiaries, buying new property—should prompt you to review and update your will. If you don’t, your will might omit key assets or heirs, or no longer reflect your intentions.

10. “Online Wills Aren’t Legally Valid in India.”

Reality:

Online will-drafting platforms are legal as long as the printed document meets all requirements: signature, date, two independent witnesses. The creation method (online, typed, or handwritten) matters less than the execution.

Final Thoughts: Knowledge = Protection

Don’t let outdated myths prevent your family from benefiting from your hard-earned legacy. Drafting a will is simple, empowering, and crucial—no matter your age or asset size.

Ready to bust these myths and secure your family’s future?

Start your will in minutes at iwills.in—clarity, control, and peace of mind are just a few clicks away!