Digital Wills in India: Understanding the Legal Vacuum and the Need for Reform

A digital will, or e-will, is a testamentary document that is created, signed and stored entirely in electronic form—often through software, applications or online platforms—allowing individuals to record their post-death asset distribution preferences.

In India, the proliferation of digital assets such as cryptocurrencies, online accounts and cloud-based records has brought renewed attention to digital wills. However, their legal validity remains uncertain in a rapidly evolving technological landscape.

The Indian Succession Act, 1925, is the primary legislation governing wills. Sections 2(h)and 63 require that a will be a written declaration of intent for the disposition of property after death, signed by the testator and attested by two witnesses. Each witness must either observe the testator signing the will or receive an acknowledgement of the signature, and must sign the document in the testator’s presence. These are treated as substantive formalities and remain the primary statutory touchstone when courts decide whether a document is a valid will.

While electronic signatures enjoy legal recognition under the Information Technology Act, 2000, including Aadhaar e-Sign and digital signatures issued by licensed providers, their use in wills remains limited. This is due to the requirement of physical presence for attestation under Section 63 of the Indian Succession Act, 1925, a condition that currently restricts remote or electronic witnessing.

The Information Technology Act, 2000, adds another layer of complexity by expressly excluding wills from the category of documents that may be executed electronically. As a result, although electronic records and digital signatures are valid for most transactions, an electronically executed will is not enforceable as a testamentary instrument under existing law.

The result of this statutory structure is a clear legal vacuum. On one hand, the legal system has embraced digital documentation, electronic signatures and electronic evidence across commercial and administrative processes. On the other hand, the law governing wills remains rooted in physical execution and is thus anchored in a pre-digital era. Digital wills, even if well-intentioned and technologically secure, face procedural obstacles at the probate stage, including questions around authenticity, attestation and compliance with mandatory formalities.

Numerous countries have recognised digital wills through legislative reforms, highlighting a global shift towards modernizing estate planning. India, however, has not yet adopted a similar regime. While technological considerations including digital literacy, infrastructure limitations and cybersecurity risks remain relevant to any future reform, the global experience demonstrates that regulated e-will regimes can operate effectively. Against this backdrop, India may benefit from evaluating whether similar legal reforms are appropriate to ensure that its testamentary laws remain aligned with evolving technological realities and modern asset structures.