Writing a will: what it does that a nominee can't

A will is a written document that says who gets your money and property after you die. Without one, the law of succession decides, and that may not match what you’d want. Writing one is simpler than most people think, and it does a job your nominees can’t.

Nominee versus will. This is the most common mix-up. A nominee is the person a bank or fund pays when you die. But RBI’s rules say a bank pays the nominee as a trustee for your legal heirs. The nominee collects the money; the will decides who keeps it.

An illustration: you name your brother as nominee on a fixed deposit, but your will leaves everything to your spouse. When you die, the bank pays your brother quickly, and he holds that money for your spouse, who inherits it under your will. Both did their job.

What a valid will needs. Section 63 of the Indian Succession Act sets the rules for an ordinary will. You sign it, or put your mark, so it’s clear you mean it as your will. At least two witnesses then attest it. Each must have seen you sign, or had you confirm the signature is yours, and each signs in your presence. They don’t need to be in the room at the same time, and there’s no special wording to use.

What to put in it. List what you own: bank accounts, deposits, investments, property, and valuables. Say clearly who gets each one. Name an executor, the person who’ll carry out your instructions. Keep the language plain. Different rules apply to some communities under personal law, such as Muslim wills, so a lawyer can confirm what applies to you.

Registration is optional. You can register a will with the local sub-registrar, but the law doesn’t require it. A registered will can be easier to prove if someone disputes it. An unregistered will that was signed and witnessed properly is still valid.

Did you know? Probate, a court’s confirmation of a will, is no longer compulsory anywhere in India. It used to be required for certain wills, mainly for property in Mumbai, Kolkata and Chennai. Parliament removed that rule through the Repealing and Amending Act, 2025, from 20 December 2025, and SEBI followed by dropping mandatory probate for transferring shares in July 2026.

Keep it current. Review your will after big life events: marriage, a child, buying a home, or a death in the family. A newer will can replace an older one. Tell your executor and family where the original is kept, because an unfound will helps nobody.

The takeaway. Nominees make sure money is collected fast. A will makes sure it ends up with the right people. Sign it, get two witnesses, name an executor, and keep your nominees and will pointing the same way. For anything complex, such as a business or a family dispute, talk to a lawyer.

More to read: nomination, making sure money reaches family, claiming a parent’s money after they die, and rent vs buy a home.