e-Will in India: Concept, Legal Status, Advantages & Challenges

Concept of e-Will.:The launch of the indigenous aero-engine project marks a turning point in India’s quest for strategic autonomy. By reducing dependence on foreign technology, India seeks to safeguard its sovereignty, ensure uninterrupted defence preparedness, and emerge as a global defence manufacturing hub. However, challenges of R&D funding, technical expertise, and timely execution must be addressed to make this vision a reality.”

Meaning

• An e-Will (Electronic Will) is a digitally created and stored testamentary document where an individual declares how their assets, property, and wealth should be distributed after their death.
• Instead of handwritten or typed paper wills, e-Wills are executed, authenticated, and stored electronically with the help of digital signatures and secure servers.

Key Features

1. Digital Creation: Made online via specialized legal/fintech platforms or registered software.
2. Authentication: Uses Aadhaar-based e-sign or digital signature certificates (DSC).
3. Storage: Kept in encrypted formats, often on cloud servers or government-approved repositories.
4. Modification: Easier to update compared to traditional wills.
5. Probate Validity: In case of disputes, it can be verified through electronic audit trails.

Legal Status in India

• Governed by the Indian Succession Act, 1925.
• The law recognizes digitally signed documents under the Information Technology Act, 2000.
• However, courts still require certain formalities (like witnesses) to validate the authenticity.
• Currently, no dedicated legislation for e-Wills exists in India, but fintech-legal platforms have begun offering the service.

Advantages

• Convenience: Draft from home, no need for physical presence.
• Security: Eliminates risks of loss, tampering, or damage.
• Accessibility: Easily retrievable by legal heirs.
• Transparency: Audit trails prevent disputes.
• Cost Effective: Lower legal/registration fees compared to traditional wills.

Challenges

• Legal Uncertainty: Lack of specific recognition in the Succession Act.
• Fraud Risks: Cybersecurity vulnerabilities.
• Digital Divide: Elderly and rural populations may struggle with adoption.
• Judicial Acceptance: Courts may prefer physical evidence over digital records.

Global Examples

• USA & UK: Some states allow e-Wills under specific conditions with video-witnessing.
• Australia: Recognized during COVID-19 with remote witnessing provisions.
• Dubai International Financial Centre (DIFC): Offers a regulated Wills & Probate Registry for e-Wills.

Relevance for UPSC

• GS Paper II (Governance) → Digital governance, legal reforms.
• GS Paper III (Economy & Tech) → Role of technology in legal processes.
• Essay/ Ethics → Digital rights, succession planning, family disputes.