Writing a will requires imagining one’s own absence, which is probably the single biggest reason so many financially organised people never get around to it. Investments get reviewed, insurance gets renewed, but the one document that decides what happens to all of it stays perpetually on the to-do list.
Dying without a will doesn’t mean assets go unclaimed; it means they get distributed according to succession laws that vary by religion and community, the Hindu Succession Act, the Indian Succession Act, and other personal laws each applying differently depending on the deceased’s faith. These default rules distribute assets among a defined set of legal heirs, and that set is often wider, and the split often less intuitive, than what the person would have actually wanted.
A valid will in India doesn’t require elaborate legal drafting. It needs to be in writing, signed by the testator, and attested by two witnesses. Registration is optional but strengthens the will against future challenges on authenticity grounds. What actually causes disputes later usually isn’t a missing formality; it’s vague asset descriptions, contradictory clauses, or a will that was never updated after a significant life change like a second marriage, a new property purchase, or a child reaching adulthood.
For NRIs, the question gets an added layer, since assets held across more than one country may need to be addressed through separate wills drafted to work with each jurisdiction’s probate process. Advisors at Ashutosh Financial Services often see NRI clients assume one Indian will automatically covers foreign assets too, which usually isn’t the case and can create conflicting instructions if not coordinated carefully.
Naming the right executor matters as much as the asset distribution itself, since that person carries the practical responsibility of executing the will’s instructions and navigating probate where it’s required. Ashutosh Financial Services continues to run estate-planning sessions aimed at helping families treat this as routine paperwork to complete now, rather than an emotionally loaded task left for later.
