To make the inheritance process simpler, the government has withdrawn the mandatory clause to probate a Will. A validly executed Will can now be acted upon directly by heirs and institutions such as banks, housing societies, and registrars, without the need for court validation.
The change reduces dependency on courts, cuts down administrative bottlenecks, and ensures that heirs are not left in prolonged uncertainty. Families can now focus on implementation rather than litigation, making succession faster and more predictable.
Certain states had required families to approach the court for probate even when the Will was clear and uncontested. “This often meant months—or in many cases, years—of procedural delays, court fees, and legal expenses before assets could be transferred,” says Vishnu Chundi, founder and chief executive officer, AasaanWill.
Easy estate planning
By removing compulsory probate, the government has addressed one of the biggest deterrents to estate planning. A Will now truly serves its purpose—ensuring smooth and hassle-free succession. This change makes Will-writing more approachable, practical, and family-friendly, particularly for middle-class households.
The absence of mandatory probate, however, does not increase the risk of disputes. Legal disputes around Wills have existed and continue to exist even under the probate system. Probate was never a guarantee against challenges; it was only a procedural requirement. “Since court scrutiny is no longer automatic, the quality and clarity of the Will become even more critical,” says Chundi.
If a dispute does arise, courts remain fully empowered to examine the Will’s validity. The reform does not eliminate judicial oversight; it merely removes compulsory court involvement where no dispute exists.
For faster inheritance process
Individuals keen to ensure that their estate passes in a tailored manner and without dispute should ensure that their Wills are iron-tight now, as they may or may not be validated by a court later, depending on whether the executor or heirs voluntarily file for probate.
“Having a medical certificate certifying soundness of mind, specimen signatures and asset inventories with the Will is a good-to-have practice which will mitigate the possibility of challenging the Will,” says Bijal Ajinkya, partner, Khaitan & Company.
Write a clear and legally sound Will that accurately reflects current assets, beneficiaries, and intentions. Ambiguity is one of the biggest causes of disputes. Keep the Will updated: Life events such as marriage, birth of children, acquisition or sale of property, or changes in family relationships should be reflected through revisions or codicils.
Choose trustworthy and independent witnesses and explain the Will to close family members to avoid surprises later. Maintain organised records of assets—property papers, bank accounts, investments, digital assets—and inform them about where these documents are stored.
Appoint a responsible executor who understands the family structure and is capable of coordinating the implementation of the Will. “Consider professional guidance as legal structuring during one’s lifetime reduces ambiguity, strengthens documentation, and lowers the likelihood of litigation,” says Chundi.