A 'will' under the law must be a formal, typed, lawyer-drafted document to count.

Under Section 31 IPC, any testamentary document — even a simple handwritten note expressing last wishes about property — can count as 'a will' for purposes of the Code.

Indian Penal Code, 1860

Section 31

repealed

A will

The words “a will” denote any testamentary document.§

Why this exists

The IPC contains several offences relating to wills — for example, forging a will, fraudulently destroying or concealing a will, or dishonestly making a false will (see provisions like those on forgery and cheating in relation to testamentary documents). To make sure those offences cover every kind of testamentary paper — not just documents formally titled 'Will' — the Code included this definition clause. It ensures courts read 'a will' broadly to include any document that performs the function of a testament, whatever it is called.

Common misconceptions

Myth: A 'will' under the law must be a formal, typed, lawyer-drafted document to count.
Fact: Under Section 31 IPC, any testamentary document — even a simple handwritten note expressing last wishes about property — can count as 'a will' for purposes of the Code.