It’s quite common for married couples in India to find themselves in a pickle with the query: “Do we need two separate wills or can we just make one together?”

Most Indian couples have joint properties, and their beneficiaries are usually their children or close relatives. That’s why they find the idea of a joint will, a single document with the signatures of the husband and wife, convenient.

But it’s a little complex than that. Indian success laws validate wills as personal declarations. In this blog, I’ll take you through a brief of what a joint will means in India, how it differs from separate wills, and if it’s the right choice for your family.

What is a joint will?

A joint will is a single testament made by two or more people, usually spouses, that can be taken into action when both or all the owners of the will have passed away.

For instance, a husband and wife can have a joint will that states that their properties would belong to their children when both of them pass away.

It sounds simple, but it’s not that easy. Joint wills can complicate things when one spouse dies earlier or under other similar circumstances.

Are joint wills valid in India?

Yes. Under the Indian Succession Act, 1925, joint wills are legally valid. However, as legal estate lawyers, we don’t recommend joint wills. Here’s why:

• A will is a personal document you can revoke later.

• In the death of one spouse, the other can usually update the will.

• A joint will can complicate the process of any revocation after the first death.

So, while joint wills are valid in India, they’re not practical.

Joint will vs. Separate wills in India

Let’s paint a picture of comparison to understand the difference between the two:

Joint will:

• It’s a single document signed by two people (both spouses)

• The joint will cover shared property

• It’s complicated to amend a joint will after the death of one spouse

• There’s a risk of disputes if the heirs contest the validity

Separate will:

• Each spouse can make their own will

• It makes it easier to revoke as life changes

• It’s legally valid and speeds up the probate process

• But it does need drafting and executing two separate documents

Ideally, separate wills are safer and more convenient for most Indian families.

When do couples opt for joint wills?

It’s still not ideal, but some couples go for joint wills for the following reasons:

• They find the paperwork simpler

• The couple wants a unified decision about their assets

• They own a single asset that they want to pass on to their children

But note that such simplicity can sometimes backfire. After the death of one spouse, the surviving partner might need to sell, gift, or bequeath assets due to a change in life. In such cases, a joint will can make things complex.

An alternative (and better) approach - Mirror Wills

We suggest an alternative approach to a joint will: mirror wills. What is a mirror will? Here’s what makes things easier:

• Each spouse can make a separate will

• Essentially, both wills say the same thing, like: “I leave all my assets to my spouse, and following them, to my children.”

• In the death of a spouse, the surviving spouse can make edits to their will to align with life changes.

This approach is legal. And more flexible.

Probate challenges with Joint Wills

Probate in India is already a time-consuming process. A joint will only add to it. Here’s why:

• You can activate the will only after the death of both testators, leading to ambiguities following the first death.

• Courts ask for additional validation if the surviving spouse tries to deal with the assets while they’re alive.

• Disputes may arise when beneficiaries question the right of the surviving spouse to make changes to the joint will.

Such complications add to delays, disputes, and higher legal costs.

Should you make a joint will?

Before you make a joint will, ask yourself:

• Do you and your husband/wife own separate properties (eg.: bank accounts, inherited property, investments, etc.)?

• Do you need revocability for your will in cases of changed family circumstances or changes to properties?

• Do you want to steer clear of future disputes during probate?

If you find yourself nodding YES to the above questions, separate wills (or mirror wills) are your ideal choice.

Frequently Asked Questions

1. Is a joint will binding in India?

Yes, a joint will is binding in India, but it can be subject to legal rigidity and, therefore, rarely recommended.

2. Can the surviving spouse change a joint will?

Usually, no, they cannot. The will needs to have it explicitly mentioned. It can lead to disputes.

3. What happens if only one person in a joint will dies?

A joint will cannot be activated until both testators pass away. This complicates matters for the surviving spouse after the death of one.

4. Do lawyers in India advise joint wills?

Most estate planners in India only recommend separate wills for clarity and flexibility.

Final words

A joint will may seem convenient. But it can create problems in India. Separate wills or mirror wills give couples in India the clarity, flexibility, and legal backup they require.

In simple terms, a will is to reduce uncertainties for your family instead of creating legal issues. This is the year 2025, and the smarter step will be to make your own will to ensure your spouse’s will aligns with your shared intentions.

Make sure to keep your estate plan simple, secure, and revocable. And separate wills are the best way to do that!

Talk to us for more clarity!