Currently, digital or electronic wills (wills that have been written, signed or attested via electronic medium) are prohibited by law1, and any testamentary disposition via online medium is not recognised by law.
Wills are a written legal document through which a person decides how their property and other assets would be distributed, allocated and spent after their death. It can be made by the person whose will is being made (called the testator) or by a lawyer on the instructions of the testator. For a Will to be valid2:
• The testator should sign or affix their mark on the will, for example thumb impression.
• The will must be attested by two or more witnesses and these witnesses should have seen the testator sign or affix their mark onto the document. Each of the witnesses should have signed the will in presence of the testator.
• The witnesses should not be beneficiaries under the will.
If you want to read more on wills, see the Nyaaya explainer on ‘Wills’.
- Section 1(4), The Information Technology Act, 2000.
- Section 63, Indian Succession Act, 1925.
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