A sample Will
Important points
1. As per Sec 5 of Indian Succession Act, 1925: A Will is a
legal declaration of the intention of a testator with respect to
his property, which he desires to be
carried out after his death.
2. As per S. 59 of ISA, any person who is not a minor and is of
sound mind can make a Will.
3. As per S. 74 of ISA, a Will need not contain any technical
word. Plain simple language is enough but it must be clear and
unambiguous.
4. Will is of two kinds - 1. Privileged - Made by special class
of persons such as soldier at war). It
need not be attested.
2. Unprivileged - Made by ordinary persons. Must be signed and
attested by two persons.
5. A person can make a Will anytime and any number of times. The
most recent Will is the one that takes effect. Explicitly canceling
the previous Will is not
required.
6. Registration of a Will is not necessary but is recommended.
7. Format of a Will
1. Heading 2. Properties - their description and the
beneficiaries 3. Name any sole beneficiary or universal legatee 4.
Name the executor 5. Closing 6. Signature and attestation
WILL
I A. B. s/o B. C, age 50 yrs, resident of 123 MG Road, Indore,
MP, revoke all my
previous Wills and Codicils and hereby make this my Will and
testament. It will take
affect after my death.
I further declare that I am in good mental health and in a sound
condition of mind.
1. I appoint Sh.and Sh..to be the executors and trustees of this
my Will.
2. I have my wife[NAME], unmarried, major son[NAME]. and one
married daughter[NAME].
3. I own the following properties, (a) House(b) Jewelry etc. (c)
Shares in Companies (d) saving and fixed deposit bank accounts
withbank.branch and some other movable and immovable assets.
4. I bequeath the following assets to my son (HERE write the
description of properties)
5. I bequeath the following assets to my Daughter (HERE write
the description of properties)
6. I bequeath to my wife all the rest of my assets, including,
the balance in my savings bank account with the..bank..branch, cash
and other movables and immovable properties.
7. I direct that any amount that may be determined as payable by
me by way of debts, dues and liabilities, including direct and
others taxes, charges, land
revenue, costs, fees, and expenses to be paid by my son.
IN WITNESS WHEREOF, I have to this my last Will set my hand
this
day of .
SIGNATURE OF TESTATOR
Signed by the above named testator in our presence at the same
time and each of us
has in the presence of the testator signed hereunder as on
attesting.
SIGNATURE.
SIGNATURE.
WITNESSES:
1. (Name and Address)
2. (Name and Address)
