Will Drafting & Probate Services

Will Drafting and Probate Under the Indian Succession Act, 1925

A validly executed will allows a person to decide how their property is distributed after their death, rather than leaving it to the rules of intestate succession. Wills made by Hindus, Christians, Parsis and certain other communities are governed by the Indian Succession Act, 1925. Section 213 of the Act previously made probate mandatory for wills made by these communities in respect of property situated within the former Presidency towns of Mumbai, Kolkata and Chennai. This mandatory requirement was repealed by the Repealing and Amending Act, 2025 (in force from late December 2025), so probate is no longer compulsory in these cities, though it remains a strong option for establishing clear proof of an executor’s authority.

VIVS Legal assists clients with drafting clear, legally sound wills, and with obtaining probate or letters of administration where required.

How VIVS Legal assists

Will drafting

Drafting wills that clearly identify the testator’s assets, beneficiaries and executor, reducing the risk of future disputes.

Will review and updates

Reviewing and updating existing wills to reflect changes in assets, family circumstances or intentions.

Probate applications

Preparing and filing probate petitions before the competent court where the will requires probate.

Letters of administration

Assisting legal heirs in obtaining letters of administration where a person dies without a will, or where a will does not name an executor.

Will contests and challenges

Representation in disputes concerning the validity of a will, including challenges based on capacity or undue influence.

NRI will planning

Advising NRI clients on wills covering Indian assets, including coordination with any separate will made abroad.

Frequently asked questions

Is probate mandatory for a will in Mumbai?

No. Probate was mandatory for wills made by Hindus, Christians, Parsis and certain other communities in respect of immovable property in Mumbai under Section 213 of the Indian Succession Act, 1925, but this requirement was repealed by the Repealing and Amending Act, 2025, effective from late December 2025. Probate remains available and is often still advisable to establish clear proof of an executor’s authority.

What happens if a person dies without a will?

Their property is distributed according to the applicable law of intestate succession, based on the personal law governing the deceased, rather than according to their personal wishes.

Can a will be changed after it is made?

Yes, a will can be revoked or amended by the testator at any time during their lifetime, typically through a new will or a codicil, provided they have the legal capacity to do so.

Who can witness a will?

The Indian Succession Act requires attestation by at least two witnesses who see the testator sign the will, and who are not themselves beneficiaries under it.

What is the difference between probate and letters of administration?

Probate is granted to the executor named in a valid will, while letters of administration are granted where there is no will, or no executor is named, to a person entitled to administer the estate.

Can an NRI make a will for their Indian assets?

Yes, an NRI can make a will covering their Indian assets, and coordination with any will made in their country of residence is advisable to avoid conflicts between the two documents.

Legal notice: This page provides general information, not legal advice. No lawyer-client relationship is formed by viewing the page or sending an enquiry. Engagement, scope and fees must be confirmed in writing.