WILL Format

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WILL

I        Sri._____________   S/o.________________   residing   at__________aged about ________years _________ by religion, occupation _______________ do make this my last will and testament.

1.  I have not made any will or other testamentary document, but if any made, I hereby revoke all previous wills and codicils, if any and declare this to be my last will and testament.

2.   I  appoint                (1) Sri.______________S/o.____________

residing at_____________________ aged about ________ years _________ by religion, occupation ___________

(2)    Sri._________________ S/o.__________ residing at__________________aged about________years_________ by religion, occupation _______________ (3) Sri.___________ S/o._____________ residing at____________________aged about _______ years _________ by religion, occupation _______________ as the executor of this will and trustees of my estate.

3.   My family consists of _____________________

4.   My property consists of

(a)

(b)

(c) etc.

5.  I bequeath all my property in whatever form existing at the time of my death to the said executor and trustees to hold the same on trust for the benefit of my wife Smt._____________________ for her life time and till her death as herein after provided.

6.  My executors and trustees shall, after spending the necessary money for the management of the said property out of the income thereof, pay the net income to my wife and the same will belong to her absolutely without liability to account for the same. My executor and trustees will also spend out of the corpus of estate such amounts as may be required by my wife for medical expenses or for pilgrimage. But my executor and trustees will not be entitled to sell my immovable property above mentioned or mortgage the same.

7.  On the death of my and if she predeceases me then on my death all my estate then existing whether mentioned in this will or not, will belongs to my children,

(a)   ____________________

(b)  ____________________

(c)   ____________________ absolutely in equal shares and the trustees for the time being of the said estate under this will shall transfer the same among said childr en by executing proper document or documents.

8.  Provided that, if at the time of death of my wife or myself as the case may be any of the said children is a minor, the trustees shall hold the said property on trust until the youngest attains the age of majority and till then the net income of the said property will given or spend for maintenance and education of the said children.

9.  My executor and trustees shall obtain probate of this will from a competent court, if required in law and shall pay all the probate duty and other expenses required for such probate and also pay as first charge all my other liabilities by way of taxes or otherwise howsoever.

10.  I have made this will out of my free will and when I am in sound health and in good understanding and in witness thereof I have put my signature hereunder in the presence of witnesses on this _________ day of _____________ month of ______________ year.

Signed by the within named testator } Sri. _________________________ } opposite in the presence of witnesses, } who in presence and at his request and } in the presence of each other have put }

TESTATOR

there signature as witnesses hereunder.}

1.Sri. __________________________

Full Address: _________________

. _________________

2. Sri. __________________________

Full Address: _________________

. _________________

Will is a Legal Document In India

Will is a Legal Document in India

Will is a legal document that is made by a person who wishes to bequeath his property to certain persons after his death. You have to make a Will to distribute all your financial products and your wealth which were bought by you in the manner you wish to and legally without any fuss to whoever concerned, if not there will be fights over it. First testamentary power of a Hindu was admitted in Bengal. If anyone who does not make a Will then his property will pass on by way of intestate law, so it would be better that one makes a Will which clearly states his intentions on how his property should be transferred. Will, its origin and growth was not known to Hindus until their contact with Muslims grew, who had the knowledge of a Will and thus it helped Hindus in making a testamentary form of writing in relation to their property and thus it became a common practice in India. Will takes effect only after the death of the testator or the person who makes it and it is a unilateral document which can be revoked and changed by the maker at any time and it has been explained under Section 63 of the Indian Succession Act 1925.

Indian Succession Act, 1925 was enacted in India during British period itself and it is applied to all Hindus, Buddhist, Sikh, Jains but does not govern Muslims as they are governed by Muslim Law. Inheritance and succession law is very vast and complicated in nature. Will can be made by any person who is not a minor and of sound mind on a plain paper and which need not be put on stamp paper and you can write it in your own hand writing also. Will is made by a person who after his death entrusts on the living person to carry out his wishes where disposition of his property will take effect only post his death. A person who is making his Will must understand that he will be giving away his property to certain persons and have a complete knowledge of the extent of his total property and also must know the conditions that are put in the Will. A deaf, dumb and blind person can also make a Will if they understand the provisions that are put in the Will but a person who is intoxicated and makes a Will then that Will is invalid. A declaration of the testator to revoke previous Will can be done and only the Will that is prevails in last is can be enforced. A share in the property can be given even to a lunatic, a minor or anyone under a Will.  Just because a Will is lost does not mean that it can be revoked but if it is intentionally destroyed by testator it will be deemed to be revoked.

There are many types of Will like Privileged Will, Conditional Will, Joint Wills, Duplicate Wills, Concurrent Wills, and Holograph Wills. Privileged Will is explained under Section 66 of the Indian Succession Act which states that a soldier in an actual warfare, airmen or marine at sea who execute Wills are privileged wills.  Upon a condition being fulfilled only a Will can be enforced, that is called a contingent Will and if that condition does not occur then the Will cannot be legally enforceable. When 2 or more people jointly make a Will is called a Joint Will which intends to take effect only after the death of all the parties and it cannot be enforced if one party is alive and other dead. A maker of the Will makes a duplicate Will and keeps it in a safe deposit in a bank will be a duplicate Will. If a testator makes a Will that is applied in one country and another Will in another country to dispose of different properties in different country it will be a concurrent Will. A Will that is written completely by ones handwriting is called a Holograph Will. With regard to revocation a Will can be revoked when the testator with his own interest puts it in writing under revocation clause all prior Wills and Codicils made can be revoked.  A deed of revocation can be made in the same way as a Will. A testator can burn, tear the Will to revoke a Will. Any language can be used to make a Will and it can be made in any form but it should be clear and readable to understand its points.

In Narinder Singh Rao vs AvmMahinder Singh Rao &Ors (22 March, 2013) Supreme Court held that a Will has to be attested by two witnesses to be valid and if it is in relation to transfer of property a Will has to be registered. In another case Savithri and others Vs. KarthyayaniAmma and others, (12 October 2007) Court had held that just because natural heirs get lesser share in the property does not mean that there is something suspicious in it.The main work of the court is to determine the actual intention of the testator from the Will.

There is a restriction to transfer of a property through a Will that is made to a person who is unborn as it is invalid. A will that is made through fraud, coercion, undue influence is completely invalid Will. If any Will is not certain and is completely uncertain with regard to its objects and subject then it will be invalid Will. A Will can be void if there is illegal condition in it, like the condition that cannot be executed or which is forbidden by law or against to public policy. Anybody can challenge a Will and they have to prove in the Court that all previous Will supersedes the present Will that is presented by them before the Court. If you create a Will today, it will save your family’s time in future, where they need not run around to lawyers for getting a share in the property, after you leave this world. So do prepare a Will.

Reference:

1. Legal Provisions Regarding Wills in India under the Hindu Law http://www.shareyouressays.com/117177/legal-provisions-regarding-wills-in-india-under-the-hindu-law
2. How to make a will in India and its importance? http://www.jagoinvestor.com/2010/11/how-to-make-a-will-in-india-and-its-importance.html
3. Types of Wills http://www.vakilno1.com/wills/types-of-wills.html
4. Execution Of A Will http://www.legalservicesindia.com/article/article/execution-of-a-will-1143-1.html
5. An Overview of Wills under Hindu Law http://www.legalserviceindia.com/articles/will_hindu.htm
6. Wills Under Indian Succession Act 1925 http://www.helplinelaw.com/real-estate-wills-probate-and-trust/WISA/wills-under-indian-succession-act-1925.html

WILL

WILL

I,............................ resident of ……………….. and now temporarily residing at ………………, do hereby revoke all my previous Will, codicils and testimonies whatsoever and do hereby executed this as my last Will and Testament which has been executed by me at the age of about 59 years. I am executing this Will in sound state of mind after having giving full thoughts and wishes as to how my moveable and immoveable assets should be deal with and I am therefore, making this my last Will and testament. It will take effect after my demise.

WHEREAS, I am owner in possession of

1) Agricultural land bearing ………………., measuring ………………..out of …………….., situated within the limits of ……………….. village.

2) Agricultural land bearing ………………., measuring ………..………………., situated within the limits of ……………….village.

3) House Prpoerty No. …………………, Arihant Niwas, Situated at ………………., area measuring ………………. Sq. ft., total entire building and plot.,

8) Any other movables and immovable properties belongs to me.

As I have now advanced in age and I am not keeping fit and not in good health and I have thought it proper to make a Will, Voluntarily while in full senses, I hereby declare that all above mentioned property are self acquired and at the time of making this Will I am in full senses. I have one son he is named ………………….... and my son …………………. take care of me and look after me. I am very happy with his service. And I am executing this Will that I will be the owner in possession of the above said all the property till my death and after my death the said property goes in favour of my son ………………………..

PREVIOUSLY I have not executed any Will regarding the same property.

WHEREAS, I am anxious to make necessary arrangement in respect of the enjoyment of my assets after my life time so that unnecessary misunderstanding or dispute between my family members be avoided, therefore, I am executing this my last Will and Testament of mine of my own free Will voluntarily, without any compulsions or pressure of any person and with a sound disposing mind and declare as follows:

WHEREAS, I hereby declare that after my death my son ……………………… (mentioned above) will be the absolute and undisputed owner of the above mentioned properties.

I have executed this Will on this …………day of ……………….. at ……………… in the presence of the under mentioned two witnesses. Who have in my presence and in their presence of one another appended their signatures hereunder as witnesses to the execution of the above Will

                                                                                  

TESTATOR

We, the under mentioned two witnesses do hereby confirm that the above Will was executed by ……………….. in our presence and both of us have in his presence and in the presence of one another appended our signature to this Will as attesting witnesses.

Witnesses
1- .

2- .