WILL / TRUST

Drafting a Will or Trust to Protect Your Estate

A Will is a testamentary document by which a person (testator) declares the distribution of their estate after death. In India, Wills made by Hindus, Buddhists, Sikhs, Jains, and all other communities (except Muslims for personal property governed by Muslim law) are governed by the Indian Succession Act 1925 (Part VI, Sections 57–191). For private trusts, the Indian Trusts Act 1882 provides the operative framework.
At Bhardwaj Law Solutions, we draft legally sound Wills and Trust deeds that minimize the risk of future challenges, clearly define beneficiaries and executor responsibilities, and protect your estate from intestate succession complications.
Key legal principles:
  • Will must be signed by testator and attested by 2 witnesses (Section 63, ISA 1925)
  • Registration of a Will is optional but strongly recommended for evidentiary value
  • Private Trust requires author, trustee, beneficiary, and trust property (Section 6, ITA 1882)
WILL VS TRUST

Choosing Between a Will and a Private Trust

Will — Testamentary Disposition

A Will (Sections 57–191, ISA 1925) takes effect only upon the testator’s death and can be freely revoked or altered during their lifetime. It must be attested by two witnesses who cannot be beneficiaries. A registered Will held with the Sub-Registrar provides maximum evidentiary protection against forgery or tampering claims.

Key Features:

  • Flexible — can be revoked or amended at any time during testator's lifetime
  • Requires Probate in certain High Court jurisdictions (Section 213, ISA 1925)
  • Executor appointed in Will administers estate after death
  • Preferred for straightforward succession planning with identified heirs
Best suited for: Individuals with identified beneficiaries seeking a straightforward, revocable testamentary instrument to distribute movable and immovable assets.

Private Trust — Structured Asset Management

A private trust under the Indian Trusts Act 1882 is created by a trust deed declaring the purpose, beneficiaries, and powers of the trustee. Unlike a Will, a trust becomes operative immediately upon creation and does not require Probate. It is ideal for managing assets for minor children, persons with disabilities, or complex multi-generational wealth planning.

Key Features:

  • Operative immediately — no Probate required after settlor's death
  • Protects minor or disabled beneficiaries through professional trustee management
  • Trust deed registered before Sub-Registrar for immovable property trusts
  • Allows complex conditions: age-based vesting, maintenance allowances, succession
Best suited for: Families with minor children, multiple beneficiaries, complex asset portfolios, or a desire to avoid the delay and cost of Probate proceedings.
WHY CHOOSE US

What Sets Us Apart

Our firm combines decades of legal experience with a modern, client-first approach. We don’t just handle cases — we build lasting relationships based on trust and results.
  • Personalized attention to every case
  • Transparent communication at every step
  • Proven track record of successful outcomes
  • Experienced team of dedicated legal professionals
  • Free initial consultation for all new clients
THE PROCESS

Step-by-Step Process

For Drafting a Will

  • Step 1 — Consultation to map assets, beneficiaries, and testator's wishes
  • Step 2 — Drafting of the Will with specific bequests, executor appointment, and residuary clause
  • Step 3 — Signing ceremony with testator and two independent witnesses
  • Step 4 — Optional registration before Sub-Registrar for enhanced security
  • Final Outcome — Legally valid Will executed; safe custody copy retained

For Creating a Private Trust

  • Step 1 — Identify trust purpose, assets, beneficiaries, and trustee
  • Step 2 — Draft trust deed with powers, duties, and succession provisions
  • Step 3 — Stamp duty payment and registration of trust deed before Sub-Registrar (mandatory for immovable property)
  • Step 4 — Transfer of trust property to trustee with proper documentation
  • Final Outcome — Trust operative; trustee begins managing assets per trust terms
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DOCUMENTS

Required Documents

Comprehensive Will drafting or Trust creation requires a clear picture of your asset profile and family structure. The documents listed below allow us to draft an instrument that leaves no ambiguity.
  • Identity proof of testator / settlor (Aadhaar, PAN, passport)
  • List of all immovable properties with title documents (sale deed, Khata)
  • List of movable assets: bank accounts, investments, mutual funds, shares
  • Details of all beneficiaries with their Aadhaar / PAN and relationship
  • Names and contact details of proposed executor (Will) or trustee (Trust)
  • Existing Wills or Trust deeds (if any) to be revoked or amended
  • Loan or liability details (to ensure estate is not over-distributed)
  • Names of two independent witnesses (not beneficiaries) for Will signing
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