New Will Rules for Metros

– Advertisement –

Revolutionary Will Reform 2026: Mandatory Probate Abolished Across Metros

In a landmark legal shift, the Indian government has enacted the Repealing and Amending Act, 2025, which officially eliminates the century-old mandatory requirement to probate a Will. This reform, notified in late December 2025 and effective for 2026, brings immense relief to heirs in the former Presidency towns of Mumbai, Chennai, and Kolkata.

The move repeals Section 213 of the Indian Succession Act, 1925, which previously forced Hindus, Buddhists, Sikhs, Jains, and Parsis in these cities to seek court validation for every Will—even when uncontested.

Also Read | New Pension Rules 2026: No More Arbitrary Cuts & PPO Changes

---

1. What Has Changed? (Before vs. After)

The reform dismantles a colonial-era geographical anomaly that treated Wills in metro cities differently from the rest of India.

Feature	Pre-2026 (Mandatory)	Post-Reform (Optional)
Applicability	Compulsory in Mumbai, Chennai, Kolkata.	Optional nationwide; no city-based bias.
Timeline	12 to 24 months of court procedures.	Direct execution in weeks/months.
Costs	High court fees & legal expenses.	Significant reduction in administrative costs.
Institutional Role	Banks/Societies demanded Probate.	Wills + Affidavits now sufficient for many.

 

Also Read | New Pension Rules 2026: No More Arbitrary Cuts & PPO Changes

---

2. Why the Probate Requirement was Scrapped

• Ending Discrimination: The old law applied only to specific religions and specific cities, creating an unequal legal framework.

• Judicial Efficiency: Courts were clogged with thousands of routine, uncontested probate petitions. These resources can now focus on genuine litigation.

• Ease of Living: The government aims to reduce “administrative hurdles” for middle-class families during the sensitive period following a death.

Also Read | New Pension Rules 2026: No More Arbitrary Cuts & PPO Changes

---

3. Is Probate Still Useful? (Voluntary Probate)

While no longer mandatory, legal experts suggest that Voluntary Probate remains a strategic tool in specific scenarios:

• High-Value Estates: When dealing with multiple properties or complex corporate shares.

• Strained Relationships: If an executor anticipates that a distant heir might challenge the Will’s authenticity later.

• International Assets: Some foreign jurisdictions still require a court-certified “Grant of Probate” for asset transmission.

• Institutional Demand: While legal grounds for demanding probate are gone, some risk-averse banks may still request it for very high-value payouts without nominees.

Also Read | New Pension Rules 2026: No More Arbitrary Cuts & PPO Changes

---

4. How to Strengthen Your Will in the “No-Probate” Era

Since automatic court scrutiny is gone, the clarity of the Will is now paramount to avoid future litigation.

1. Medical Certificate: Attach a doctor’s note certifying the testator’s “soundness of mind” at the time of signing.

2. Witness Credibility: Choose independent witnesses who are younger than the testator and easily reachable.

3. Registration: While not compulsory, registering the Will at the Sub-Registrar’s office adds a layer of official record that deters forgery claims.

4. Updated Asset Inventory: Maintain a clear list of bank accounts, locker numbers, and digital assets.

Also Read | New Pension Rules 2026: No More Arbitrary Cuts & PPO Changes

– Advertisement –