Oct 10, 2017
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Will format India

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Will format India

While legal procedure in India of making a will is very simple but certain points should be considered to avoid any ambiguity in future. Where a will judicial stamp paper is not a compulsion as  will can be made on a plain paper. One could write a will by themselves as well but following points should be considered while preparing the will format:

Personal Details

The first paragraph should always contains the testator’s name, father’s name, residential address, Date of Birth etc., and a clause which states that the will has been made in full senses and without any kind of pressure.

Details of Assets & Beneficiaries 

This is a very important section. List of all immovable properties with clear addresses and their current value should be specified. The testator should also mention the movable assets like bank deposits, insurance, units of mutual funds etc., Mention the name of beneficiary(ies) for each asset. (For Mutual Funds – mention the Folio no’s)

Signature

Sign the Will after mentioning the above details

Signature of Witnesses 

The Will should then attested by minimum two witnesses. The witnesses should also mention their father’s names and addresses.

Executor’s Details

(The person who will implement the will after the death of the testator)

Executor is the person who will implement/execute the Will. Hence, the executor’s name, address, relationship with the executor, age etc., should be clearly mentioned. However, the will can be executed in front of the Local District Registrar and sealed in their presence.

After signing the will in the presence of two witnesses the will should then handed to the trustworthy person.

The date and the place should be clearly mentioned at the bottom of the will and all the pages must be signed by the testator and at-least two witnesses.

The will format should also contain the following clause

  1. Bequeathing of property from the period of death to the executor.
  2. Bequeathing of property to the members with their names and shares each would receive.
  3. The testator needs to clarify if the executors are to pay the income generated from such property to any other family.
  4. The  testator needs to clarify in circumstances where the executor dies before the testator.
  5. Clause to ascertain who would hold the property in case bequeathed on minors until they are major.
  6. Clarify payment of probate.
  7. Payment of any liabilities incurred in the past or during the ceremonies to be conducted upon death of the testator.
  8.  Specification of division of properties between the daughters and implication on the will if they married. It should also specify circumstances if they remain unmarried.

Sample Draft Will / Sample Will Template

Below is the sample Will format:

I, Miss/Mr/Mrs ………………….. son/daughter/wife of Miss/Mr/Mrs ……………..,resident of …………………., by religion………….., do hereby revoke all my previous Wills (or) Codicils and declare that this is my last Will, which I make on this …….(Date)………………… My Date of Birth is ………….

I declare that I am in good health and possess a sound mind. This Will is made by me  without any persuasion or coercion and out of my own independent decision only.

I appoint Miss/Mr/Mrs………………….. Son/daughter of ……………, resident of …………. to be the executor of this Will. In the event Miss/Mr/Mrs…………… were to predecease me, then Miss/Mr/Mrs……………., will be the executor of this Will.

I bequeath the following assets to my Wife/Husband Mrs/Mr……………..

1. My house located at………(address)………

2. Bank balance of my savings account no…………………..with ……………(bank name & bank address)………

3. My Bank fixed deposits in …….(bank name)…..bearing ……..(FD receipt nos)……..

4. The proceeds of my Term insurance policy ….(Policy no)……, from…….(insurance company name)………

5. The contents of bank locker no………, with bank…………, bank address……………

I bequeath the following assets to my daughter/son  Miss/Mr……………

1. Residential Plot no…….., located at…………….

2. My car with registration no……….

3. My mutual fund investments with folio numbers…………………..

4. Any other asset not mentioned in this Will but of which I am the owner.

All the above assets are owned by me. No one else has rights on these properties.

 

 Signature of Testator

 

Witnesses

We hereby attest that this Will has been signed by Shri………….as his last Will at ………(Place)……… in the joint presence of himself and us. The testator is in sound mind and made this Will without any coercion.

 

Signature of Witness (1)                                                       Signature of Witness (2)    

 

The above draft is just a sample of Will. Kindly remember that there is no standard proforma or format for drafting a Will. It is always better to write an exhaustive Will.

 

Find online lawyer for generating Wills.

 

Article Categories:
Wills And Trust

Avani is a LL.B. student of New Law College. Classical use of language and adeptness with the written word make her treasure useful legal information. In her spare time, she writes prose and pursue an active interest in creative writing.

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