Can a minor make a will?

What the Law Says

The Indian Succession Act, 1925 governs the making of wills in India and sets strict eligibility conditions for a person to make a valid will.

Section 59 of the Indian Succession Act, 1925 explicitly states who is capable of making a will. It bars minors — persons under the age of 18 — from executing a valid testamentary instrument.

The law also requires that the person must be of 'sound mind' — meaning they must understand the nature of the act, the extent of their property, and the claims of those who might expect to benefit.

Even if a minor attempts to make a will, it is void ab initio (from the beginning) and has no legal effect — it cannot be ratified upon attaining majority.

Statutory Text

Every person of sound mind, not being a minor, may dispose of his property by will.

— Indian Succession Act, 1925, s. 59 — Who may execute will

Sources