How to Execute a Will Properly and Avoid Family Disputes

Many families assume that writing a will is enough to ensure a smooth transfer of assets. In reality, the most critical work begins after the will is written. Even a small error—a missing document, an unclear clause, or outdated information—can lead to months of delay, disputes, or even court battles. Experts believe that proper execution is the only way to ensure a family’s inheritance process remains organized and conflict-free.

To understand the right way to execute a will, legal experts explain the steps every family should follow immediately after the death of the testator.

First Steps After Death: Executor Must Act Quickly

The executor plays a central role in the entire process. Legal experts note that the executor (especially an external one) must be informed immediately about the death so they can begin the formal procedure.

The executor should:

• Read and understand the final will

• Communicate with all legal heirs and beneficiaries

• Identify and list all assets and liabilities

• Check for nominees, joint ownership, and asset details

• Seek legal guidance on whether probate is required

• Inform the guardian, if a minor child is mentioned in the will

Early coordination reduces confusion and prevents emotional disputes from escalating.

Locating the Final Will: Most Early Delays Start Here

Many disputes arise simply because families cannot find the final signed version of the will. Earlier drafts or handwritten edits often complicate matters.

Families should look for the will in:

• Personal safes or bank lockers

• Files containing important documents

• With the testator’s lawyer or accountant

Experts warn that a will can be challenged if it shows:

• Multiple versions

• Handwritten alterations

• Unnatural asset distribution

• Suspicious or ambiguous clauses

Destroying old drafts and ensuring only the final version exists helps prevent disputes later.

When Probate Is Required

Probate verifies the legitimacy of the will and allows legal transfer of assets.

Probate is mandatory for:

• Wills made by Hindus, Sikhs, Jains and Buddhists

• Wills made in or involving property located in Mumbai, Chennai or Kolkata’s original civil jurisdiction

• Cases with no nominees or no joint ownership

Obtaining probate typically takes six to nine months, but contested matters or missing documents can extend the timeline significantly.

Documents the Executor Must Organise Early

Executors must gather:

• Original will

• Asset and liability records (physical and digital)

• Details of witnesses and legal heirs

• Property documents

• Bank, investment and insurance details

Property transfers are often the most delayed due to:

• Missing original documents

• Title defects

• Vague instructions in the will

• Pending legal disputes

• Unpaid stamp duty

• Slow updates in government records

Maintaining clear paperwork prevents months of administrative hurdles.

Why Wills Get Challenged in Court

The most common reasons include:

• Lack of mental capacity

• Undue influence or coercion

• Fraud or forgery

• Improper signing or attestation

• Conflicting or unclear clauses

To minimise the risk of challenges:

• Sign the will with two independent witnesses

• Include a medical fitness certificate, if possible

• Keep documentation organised

• Appoint a trustworthy executor

• Update the will periodically

• Consider registering the will for stronger evidentiary value

A well-drafted, clear and regularly updated will is less likely to face legal objections.

How Long Execution Actually Takes

Even when everything is correct, execution is not immediate. A straightforward, uncontested will with complete paperwork generally takes six to nine months. Missing documents or disputes are the biggest reasons timelines stretch into years.

Experts emphasise that the only way to protect a family from stress and conflict is to ensure:

• The will is easy to locate

• All documents are maintained in one place

• Probate is not delayed

• The executor understands their duties clearly

A will can secure a family’s future only when it is executed properly, with clarity and timely action.