Digital Reforms in Inheritance and Wills in India
Prime Minister of India push for the next generation of reforms emphasizes digital advancements in inheritance and wills, crucial for equity and economic justice in India. A significant portion of Indians do not write wills, with those who do being concentrated in major metros. This results in legal challenges, forgeries, and limited legal access in rural areas.
Challenges with Traditional Paper Wills
- Low adoption of will-writing, especially in rural areas.
- Problems with forgeries, multiple wills, and court challenges.
- Dependence on physical documents and in-person legal expertise.
Advantages of Electronic Wills
- Streamlined and efficient alternative, reducing red tape and speeding up processes.
- Virtual completion of wills eliminates geographical barriers.
- Potential to reduce court burdens by addressing authentication issues.
- Improved access to legal infrastructure in remote areas.
International Examples
- Uttarakhand's Uniform Civil Code Rules, 2025:
- Procedures for online registration and novation of wills.
- Allows for revoking or updating wills digitally.
- United States:
- Uniform Electronic Wills Act allows for electronic storage and remote witnessing.
- Passed in 2019, adopted in nine states.
- Canada:
- British Columbia and Saskatchewan recognize electronic wills as valid.
- Legislation includes digital storage and virtual witnessing.
Implementation in India
- Adoption requires legal amendments to multiple acts, including the Information Technology Act and Indian Succession Act.
- Facilitating will-creation via digital channels and ensuring authentication using technologies like Aadhaar OTP.
- Encouraging digitization to bridge gaps in estate planning accessibility.
Reforming inheritance laws through digitization will protect rightful heirs and modernize estate planning, reducing disputes and ensuring fair distribution of assets.
