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Digital Wills in India : Legal or Illegal

Vaish Associates Advocates

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India December 27 2019

A will is a legal declaration of the intention of a person who is desirous of transferring his wealth to the subsequent generations. It takes effect after the death of the maker of the will. A will is a unilateral document which can be revoked or altered by the person who made the will at any time he is competent to transfer his property under the relevant succession law governing that individual. Such legal declaration made by a Hindu, Buddhist, Sikh or Jain is governed by the provisions of the Indian Succession Act, 1925. Whereas, Mohammedan can transfer their wealth in accordance with Muslim Law and are not governed by the Indian Succession Act, 1925.  

Electronic wills1 are the wills that have been written, signed, and/or attested using an electronic medium. Testators’ use of electronic media for wills is hardly surprising given a trend of increasing personal data storage on electronic devices and on the cloud.2 The concept of an electronic will is a recent development, also called e-will, a digital will, as the term reflects, is making a will onlinein a proper and secured manner. It provides digital data of your assets, financial investments, properties and to whom one wants to give his or her property, money and other assets after his/her demise

Vaish Associates Advocates - Vijay Pal Dalmia and Somya Jain
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