Why in News: Too many Indians lose their rightful inheritance due to outdated laws, reliance on handwritten wills, and lack of access to legal infrastructure. With digitisation expanding, the idea of electronic wills (e-wills) is gaining traction as a way to ensure accessibility, reduce fraud, and modernise succession laws.
Introduction
- Inheritance and wills are a critical yet under-discussed component of India’s legal and social system.
- Despite progress in financial inclusion (Jan Dhan, Aadhaar, Mobile trinity), India still faces serious gaps in access to inheritance rights, particularly in rural areas.
- Outdated laws, reliance on handwritten wills, and limited access to legal expertise have led to large numbers of Indians losing their rightful inheritance.
- Electronic wills (e-wills) can transform estate planning, enhance accessibility, reduce fraud, and provide legal certainty.
The Present Challenges with Wills in India
Low Penetration and Rural Gaps
- A minuscule fraction of Indians make wills, mostly concentrated in metros.
- Huge gap in rural/remote areas due to lack of awareness and access.
Issues with Paper Wills
- Forgery & Multiplicity of Wills: Handwritten wills often face disputes, leading to long litigations.
- Wet Signatures & Witnesses: Reliance on manual signing and physical witnesses increases execution errors and delays.
- Legal Access: Limited availability of lawyers in small towns/villages restricts estate planning.
- Court Disputes: Multiplicity of wills and authenticity challenges clog the judiciary.
Social & Economic Implications
- Families are deprived of legitimate inheritance due to opportunistic claims by others.
- The poor and middle class — who cannot afford expensive legal processes — are disproportionately affected.
Advantages of Electronic Wills
Accessibility & Inclusivity
- Digital/electronic wills simplify estate planning, making them accessible to rural and urban populations alike.
- Can be made in vernacular languages, improving inclusivity.
Cost & Efficiency
- Reduces cost of in-person interactions, physical witnesses, and paperwork.
- Streamlines probate processes and reduces delays in courts.
Authentication & Security
- Use of non-repudiable digital authentication, Aadhaar e-sign, blockchain-based verification, etc.
- Eliminates forgery and multiple conflicting wills.
Geographic Reach
- Removes geographical barriers, enabling even remote citizens to register wills via portals or mobile apps.
Legal Certainty
- Reduces challenges in courts regarding authenticity and execution errors.
- Ensures smoother transfer of property and assets.
Global Best Practices
United States- Uniform Electronic Wills Act (UEWA):
- Validates electronically stored wills.
- Allows remote witnessing.
- Includes “harmless error” provision → validation of wills even if they don’t meet all execution requirements.
- Adopted in nine states since 2019 (e.g., Colorado, North Dakota, Utah).
Canada
- British Columbia and Saskatchewan recognise e-wills as valid forms of testamentary instruments.
- Legislation updated in 2009 to include digital wills, remote witnessing, audio-video statements, and electronic signatures.
Lessons for India
- Digital wills can be legally enforceable with robust safeguards.
- Flexibility (remote witnessing, harmless error clauses) ensures inclusivity.
- Strong regulatory frameworks ensure harmonisation and public confidence.
Indian Context and Recent Developments
Some progress has begun:
- Chapter 4 of Uttarakhand’s Uniform Civil Code Rules, 2023 → permits online execution of wills and codicils, including registration and notarisation.
- Process streamlined: fewer dependencies on paper records, improved accessibility.
However, for pan-India adoption, amendments in core inheritance laws are essential:
- Bhartiya Sakshya Adhiniyam, 2023
- Indian Succession Act, 1925
- Information Technology Act, 2000
- Hindu Succession Act, 1956
- Registration Act, 1908
Challenges to Implementation in India
- Digital Divide: Uneven access to internet and digital literacy in rural areas.
- Legal Resistance: Traditional preference for physical signatures/witnesses.
- Cybersecurity Risks: Safeguarding against hacking, fraud, and data manipulation.
- Institutional Preparedness: Courts, registries, and notaries must adapt to digital procedures.
Way Forward
- Legislative Reforms: Amend inheritance and succession laws to recognise electronic wills.
- Technology Integration: Use Aadhaar e-sign, blockchain, and biometric authentication for security.
- Awareness Campaigns: Educate citizens, particularly in rural areas, about the benefits of estate planning.
- Inclusive Platforms: Create multilingual, accessible online portals/mobile apps.
- Judicial Adaptation: Train judiciary and registry officials to handle digital will disputes.
- Pilot Projects: Begin with selected states (like Uttarakhand) before pan-India rollout.
Conclusion
Inheritance disputes and outdated laws deprive countless Indians of their rightful property, creating economic and social injustices.The adoption of electronic wills can modernise estate planning, reduce fraud, improve accessibility, and bring certainty to millions of families.