Will Lawyer
Will drafting, probate, letters of administration, succession certificates and contested-will litigation across India.
A well-drafted will costs ₹20,000 and prevents a generation of family litigation. A badly drafted one — or worse, no will at all — guarantees it. Shield Law Firm drafts wills with the discipline of probate litigators: every clause is tested against the questions the challenging counsel will ask twenty years later. Where a will is already in dispute, we run probate, contested probate, and partition / succession suits across the Delhi, Allahabad and Bombay metropolitan jurisdictions.
Key laws & sections
- Indian Succession Act, 1925
The principal statute for wills, probate, letters of administration, succession certificates and intestate succession for non-Muslims and non-Hindus on certain matters.
- Hindu Succession Act, 1956 (as amended 2005)
Intestate succession for Hindus. The 2005 amendment made daughters coparceners in joint family property — retrospectively, as confirmed in Vineeta Sharma v. Rakesh Sharma.
- Muslim Personal Law (Shariat) Application Act, 1937
Sunni and Shia rules of inheritance — fixed heirs, residuaries, distant kindred. A Muslim cannot will away more than 1/3 of his estate without consent of legal heirs.
- Indian Succession Act — Sections 222–234, 263 (Probate)
Procedure for grant of probate and revocation. Mandatory in Delhi, Bombay and Madras for wills made by Hindus, Buddhists, Sikhs and Jains within those jurisdictions.
- Section 372 Indian Succession Act — Succession Certificate
For movable assets (bank deposits, shares, mutual funds) where the deceased died intestate. We file before the District Judge with newspaper publication and citation.
How we run the matter
- 1Will drafting — to survive challenge
Detailed will incorporating attestation by two witnesses (Section 63 ISA), recital of testamentary capacity, absence of undue influence, contemporaneous medical certificate where age is advanced, and where appropriate, video recording of execution.
- 2Probate filing
Petition before the District Judge / High Court with original will, death certificate, list of legal heirs, valuation of assets, and citation to all heirs. Newspaper publication and waiting period for caveat.
- 3Contested probate
Where caveat is filed, the probate matter is converted to a testamentary suit. Issues are framed on testamentary capacity, due execution and absence of suspicious circumstances. Trial typically takes 2–4 years.
- 4Letters of administration & succession certificate
Where the deceased died intestate, we file LoA (for immovable property) or succession certificate (for movable assets) before the District Judge. Citation, publication, and grant typically in 6–12 months.
- 5Partition & mutation
Post-grant, we assist with mutation of property in municipal records, transfer of bank accounts, demat folio transfers and where co-heirs disagree, partition suits before the civil court.
A partner reviews every WhatsApp personally. No call centres, no junior triage.
WhatsApp +91 7982715470Why Shield for this
- Drafting that holds up at trial. A 2018-drafted will of a senior client — challenged on testamentary capacity 4 years after death; the contemporaneous medical certificate, video record of execution and detailed witness statements caused the caveat to be withdrawn before trial.
- Speed in uncontested probate. Recent uncontested probate matter in Delhi HC — original will produced, citations published, no caveat filed within 14 days, probate granted in 5 months from filing.
- Contested probate experience. Where the genuine will is being challenged by an excluded heir, we lead handwriting expert evidence, attesting witness examination, and rebut suspicious circumstances under Bharpur Singh / Mahesh Kumar standards.
- End-to-end execution. From the lawyer-drafted will to the mutated property record — we run the full chain. Most clients don’t realise that probate alone doesn’t transfer the property; mutation is a separate municipal step we handle.
Questions clients ask first
Do I need to register my will?+
Registration is not mandatory under the Registration Act, but it is strongly recommended — registered wills are harder to challenge on grounds of fabrication. We typically register at the sub-registrar’s office along with two witnesses, photographs and ID proof.
Is probate mandatory for my will?+
Probate is mandatory for wills made by Hindus, Buddhists, Sikhs and Jains within the territorial jurisdiction of Bombay, Calcutta and Madras High Courts (and properties situated within those jurisdictions). Outside these areas, probate is optional but strongly advisable for clear title transfer.
My father died without a will. How do we transfer his bank accounts?+
Succession certificate under Section 372 ISA — filed before the District Judge with citation to all legal heirs, newspaper publication, and a 45-day waiting window for objections. Once granted, banks transfer the account holdings to the certificate holders. We typically conclude this in 6–9 months for uncontested matters.
Mention “Will & Succession” when you message us — it routes straight to the partner who runs this practice.
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