Draft Format of Will

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Draft Format of Will

  1. I,_______________________, an adult, aged ________, ___________ by religion, ________ citizen, holding PAN No. ____________, permanently residing at: __________________________ _______________________ __________________________,being of sound and disposing mind and memory and not being actuated by coercion, duress, menace, fraud, mistake or undue influence, do make, publish and declare this to be my last Will, hereby expressly revoking all Wills and Codicils previously made by me.
  2. I hereby make this Will to evidence my desire and declare the manner and extent of inheritance of my immovable and movable assets owned and possessed by me so that there may not be any disputes or differences amongst my legal heirs after my demise.
  3. My family comprises of the following:
    1. _____________
    2. _____________
    3. _____________
    4. _____________
  4. I appoint my friend/relative/Chartered Accountant, _____________________, permanently residing at: ___________________________ _________________________ ______________________ as the Executor of this my last Will and Testament and in the event the Executor shall predecease me or is unable to fulfill his duties under this Will then any of his staff associated with the CA Firm.
  5. I give, devise and bequeath my share in the immovable properties/assets which I own today in the manner listed in Table A below:

Table A – Immovable Properties / Assets:

Description of Property –Flat/Bungalow/Plot

(Address/Location)

Ownership Details (Owned by Self/Jointly owned) Beneficiary
  1. I give, devise and bequeath my share in the movable properties/assets which I own in the manner listed in Table B below:

Table B – Movable Properties / Assets:

     Sr. Description of Movable Properties / Assets Ownership Details (Owned by Self/Jointly owned) Beneficiary
 1.
 2.
 3.
 4.
 5.
 6.
  1. The Executor shall be authorized to carry out all the provisions of this Will and pay my just debts, obligations and funeral expenses.
  2. The Executor shall be entitled to reimbursement of any reasonable expenses incurred by it for the due performance and execution of this Will, out of my estates. The execution fees payable to _________________________ shall be ________ of the total value of the Estate.
  3. I direct my Executor to pay out of the said properties, estates and effects all debts and liabilities including my funeral expenses, Executor fee and legal expenses and / or fees and all other taxes, assessments and duties payable by me or by my estate prior to releasing the assets to the respective beneficiaries named herein.
  4. I declare that my this Will shall operate in respect of and include all my belongings, properties, estates, vehicles, receivables­ from my employer, funds lying in the Super-Annuation accounts of my past or future employers, pension payments due to me from my past, current or future employers, any receivables from any other individuals, institutions, companies and any other effects whatever and wheresoever situated in India and abroad to which I am / shall be entitled or over which I may then have any power of appointment or disposition. All my aforesaid properties in this Will shall devolve entirely and absolutely onto the respective beneficiaries mentioned hereinabove. All my properties, whether movable or immovable and wheresoever situated and not specifically mentioned herein and which may be acquired by me subsequent to the date of this Will shall devolve entirely and absolutely on ________________

The other contingent beneficiaries would be as follows:

   Sr.   Primary Beneficiary Contingent Beneficiary
1.
2.
3.
4.
  1. My Executor shall serve without any bond, and I hereby waive the necessity of preparing or filing any inventory, accounting, appraisal, reporting, approvals or final appraisement of my estate. I direct that no expert appraisal be made of my estate unless required by law. I authorize my Executor to administer my estate independently without adjudication, order or direction of any court. The decision to administer my estate independently or under court supervision shall rest solely with my Executor subject to the applicable laws.
  2. If any part of this Will is declared invalid, or inoperative for any reason, it is my intent that the remaining parts shall be effective and fully operative, and that may the Court so interpreting this Will and any provision in it construe in favor of survivor.
  3. IN WITNESS WHEREOF,I have hereunto set and subscribed to each of the pages of this Will my initials, on this _______day of ________, _________ at __________, in the presence of the following witnesses, who have also signed the same in my presence and in the presence of each other.

SIGNED AND DECLARED

By the above – named Testator/ Testatrix

___________________

As his last Will Testator

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2 Comments

  1. May 24, 2021
    Geeta

    Would like to receive all such letters/ notifications from your end

    Reply
  2. June 7, 2021
    Hitesh merchant

    The DRAFT will in template above does NOT CONTAIN 2important clauses. 1.Certificate by a MBBS or MD doctor confirming will is executed by testator in good health and sound mind, and without or under influence of drugs / medication. 2. Name , sign and address of two Witnesses to the will alongside the testator (person making the will) are not there in your draft. It is a illegal document , in absence of witnesses and aggrieved relatives may challenge the will as a fake/ fraud will in absence of the witnesses. Besides, ideally , the will must have a clause, stating that the 2 witnesses, have signed the will in front of the testator and that the testator too had signed in their presence and also that the witnesses have signed in the presence of each other, just to make the will far more authentic.

    Reply

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