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sood (Director)     06 November 2025

Clarification regarding making of a will

I had framed a will in which I have mentioned that the Properties both immoveable and moveable are written seperatly in an annexure which should not be treated as part of the will but shall be kept dated and signed by me. The idea is that in case any changes are there in the future everytime I need not make an new will or make a codicil. 

But I have been advised that you should mention each and every property in the will itself so that the executors do not have any problem because some Institutions can create problems in transfer saying that the will should contain the details otherwise how do they know whether the correct transfer is being done.

What is the opinion of the experts in this matter

 



 3 Replies

T. Kalaiselvan, Advocate (Advocate)     06 November 2025

The details of the property can be mentioned within the Will document itself, or they can be provided in a separate Annexure (or Schedule) appended to the Will.

Both methods are legally valid, provided certain conditions are met to ensure clarity and authenticity. 

The main body of the Will should clearly refer to the annexure and state that the properties listed therein are to be distributed as per the terms of the Will.

The testator and the two required witnesses should sign or initial each page of the Will, including all pages of the annexure.

This ensures the annexure is considered an integral part of the legally executed Will and not a separate, potentially unauthenticated, document.

An annexure is particularly useful for movable assets (like bank accounts, shares, jewelry), which may change over time.

The main Will can refer to "the list of movable assets as per the annexed Schedule," and the schedule can be updated (with a new dated and signed Will or a Codicil) without rewriting the entire main document. 

kavksatyanarayana (subregistrar/supdt.(retired))     06 November 2025

Yes.  You shall mention the details of the properties and the beneficiaries of the properties.  You may write the list for immovables for easy execution of a codicil or a new will.

Dr. J C Vashista (Advocate )     07 November 2025

Mentioning of properties in the will or annexing schedule with the will shall make no difference, there is no hard and fast rule as such. It would be proper to mention all movable and immovable properties and their distribution after yoour death.

You can change your will any number of times during your life time. 

 


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