Two very different documents are often confused by Indian families planning for the future. Both are called a "will," both are about your wishes, and both protect the people you love — but they do completely different jobs. Understanding the difference is the first step to a complete plan.
What a Property Will is
A Property Will (or testament) decides how your assets — land, a house, bank balances, investments, jewellery — are distributed after your death. In India it is governed mainly by the Indian Succession Act, 1925.
It answers one question: who gets what when you are gone? Without it, your assets are divided according to the succession laws that apply to your community, which may not reflect what you actually wanted — and can lead to long, painful family disputes.
What a Living Will is
A Living Will is legally known as an Advance Medical Directive (AMD). It is not about money at all. It records the medical treatment you would or would not want if a future illness or accident left you alive but unable to speak for yourself — and it names a trusted guardian to uphold those wishes.
It was recognised by the Supreme Court in Common Cause v. Union of India (2018) and made far simpler to create through the Court's revised procedure in January 2023. It answers a different question: how do I want to be cared for if I cannot say so myself?
The simplest way to remember it: a Property Will speaks for you after death about your assets. A Living Will speaks for you during a serious illness about your healthcare.
The key differences at a glance
| Property Will | Living Will (AMD) | |
|---|---|---|
| What it covers | Money, property and assets | Medical treatment & care decisions |
| When it applies | After your death | While alive but unable to communicate |
| Main law | Indian Succession Act, 1925 | Supreme Court rulings (2018, 2023) |
| Who acts on it | Executor & legal heirs | Guardian, doctors & medical board |
| Can be changed? | Yes, while you are competent | Yes, while you are competent |
Why your family may need both
These documents do not compete — they complete each other. A Property Will protects your family's financial future. A Living Will protects your dignity and spares your family from having to guess your medical wishes in a moment of crisis.
Many families prepare a Property Will but have never heard of a Living Will, and so leave the harder, more immediate decisions — the ones made at a hospital bedside — entirely undocumented. A complete plan considers both.
How to get started
A Property Will is usually drafted with a lawyer and, ideally, registered. A Living Will, since 2023, is signed before two independent witnesses and attested by a notary or gazetted officer — no court visit required. At Jeevan Mukti we focus on the Living Will side and guide you gently through every step, and we can point you to trusted help for your Property Will too.
Start with your Living Will
A free, unhurried conversation is the easiest first step.