format and procedure for makin a will
Gargi Ranade
(Querist) 03 May 2010
This query is : Resolved
Dear All,
Kindly provide me format of Will, if I am not wrong there is no specific format mention in law but provide me sample will and also explain procedure for making valid legal will.
Thanks in advance
Regards,
Gargi
R.R. KRISHNAA
(Expert) 03 May 2010
DETAILED WILL IN FAVOUR OF FAMILY MEMBERS
THIS is the last will of me, X, son of Shri ..............................…
of ................ which I make this ............. day of ............................ 20.....
(2) I revoke all former wills and codicils made by me and declare this to be my last will.
(3) I appoint Shri.....……….................. of .....................................,
Shri ........………................ of....................... and Shri .....…….................
of .......................... to be the executors and trustees of this will and I
declare that the expression "Trustees" shall, where the context permits,
include the survivor and survivors of them and other trustee or trustees
for the time being of this my will.
(4) I bequest to my wife Smt................................................ all my furniture, jewellery, household articles, gold medals, paintings and other articles and other effects of every kind, which shall be in or about
my dwelling house at .................................... except securities, shares, debentures, bonds, fixed deposits or money.
(5) I devise the house bearing municipal No................................
situated on .........................................., and more particularly described in the Schedule I hereto, securities, shares, debentures, bonds, fixed deposits or money lying in cash or bank accounts at the time of my death, copyright in the books written by me and published by different publishers and vested in me, at the time of my death alongwith other rights relating thereto to my son Shri ………….
(6) I bequeath to Shri........................., Shri..........................,
Rs. ......... Ms............………................... and Ms................………....................., the sum of Rs. ........... each and in case any of the legatees dies during my life time and leaving an issue at my death, then in such case I give the legacy which the person so dying would have taken, if he or she would have survived me, to his children living at my death who attain the age of eighteen years in equal shares.
(7) I give the house bearing No. .....……........... situated, lying and
bearing at ………..............................., and flat No.......................... in
the ..............……................... Housing Society Ltd. on the land bearing
plot No................... S. No........................ Village....…………...................
Taluka.......………..... and District........................... and piece of land
admeasuring ...………............. sq. mts. situated at ................................
and bearing plot No......................... Survey No...........…………..........
District...................., the detailed description of all the properties
have been given in Schedule II and Rs. fifty lakhs unto the Trustees upon trust, that the said trustees will construct the temple at a cost not exceeding Rs............. lakhs on the plot of land and shall instal the Idol of Gayatri in the said temple and shall invest the residue amount in any investments authorised by law for investment of the trust with the power to vary the investments from time to time and the income of such investments shall be used in maintenance of the temple, puja, seva and annual functions to be held in the said temple.
(8) I give Rs. ............... each to my daughters Smt.....………...........and Smt....................................
(9) I give an annuity of Rs. ............ per month to my mother till her death, payable on the first day of each month, the first of such payments if necessary of an apportioned part of the said annuity to be made on the first day of the month next after my death.
(10) I devise and bequest all my estate, moneys and securities not hereby or by any codicil otherwise specifically disposed off and to which I will be entitled and I can dispose off by will in any manner I think proper unto my trustees upon trust that my trustees shall convert the said properties into money and I declare that out of the money so realised, the trustees shall pay all my funeral and testamentary expenses and debts and shall pay or provide for the specific legacy or legacies and maintenance allowance hereby or by a codicil bequeathed by me and shall invest the residue of the said moneys in or upon any of the investments hereby authorised and shall pay the income of such investments to the trustees of ................... Hospital at ......…….......... to be applied for the purposes of the said hospital.
IN WITNESS WHEREOF I, the above named X have set my hands to this my last will and testament this …………...................... day of ..................... 20.......
Signed and acknowledged by the above named X as his last will in the presence of us, who in his presence have hereto subscribed our names as witnesses.
WITNESSES
1.
2.
Signature
A V Vishal
(Expert) 03 May 2010
Statutory definition of will:
Section 2 (h), Indian Succession Act 1925, defines ‘Will’ as meaning “the legal declaration of the intention of the testator with respect to his property, which he desires to be carried into effect after his death”. The definition follows that by the Blackstone and others.
A ‘will’ is the legal declaration of a man’s intentions, which he wills to be performed after his death, or an instrument by which a person makes a disposition of his property to take effect after his death.
Essentials of will :
It must be a legal declaration of the intention of testator, i.e., the person who makes the will.
The declaration of intention must be with respect to the testator’s property.
The document should express a desire that his intention must be carried into effect after his death
Take effect after death - The intention of the testator must be expressed in clear words on order that the same might be given effect to. There must be express words of bequest.
Testament ' meaning determination of the mind. It is the translation of the Latin word 'Voluntas' which was used by the Romans to express the intention of the testator.
A bare nomination of an executor without giving legacy, or appointing anything to be done by him is sufficient to make a will.
Characteristics of a will:
That it must be intended to come into effect after the death of the testator ; and
That it must be revocable.
Person capable of making Will:
Every person of sound mind not being a minor may dispose of his property by will.
Wording of Will :
It is not necessary that any technical words or terms of art be used in a will but only that the wording be such that the intentions of the testator can be known there-from. no particular form is prescribed for the will to be made. Will written on one piece of paper cannot give rise to any suspicious circumstances.
Construction of Will:
A Will must be constructed as a whole to give effect to the manifest intention of the testator. While construing a will the following test should be applied :
Ascertainment of the testator's intention from the words used and in doing so surrounding circumstances may be taken into consideration.
The status or position of the testator and his family relationship.
Attestation of Will:
A will must be attested in the presence of the testator. Attestation is meant the signing of a document to signify that the attestor is a witness to the execution of the document and where the testator had started to sign in presence of two witnesses. The object of the attestation is that some person must testify that the deed was voluntarily
Directions as to the execution of Will:
The will must be signed at the foot or end thereof by the testator or by some person in his presence and his direction.
If the will consists of several sheets it is appropriate, though not essential, that the testator sign each sheet, for the purpose of identifying it and of preventing interpolation.
In addition to the signature at the end, the testator should sign, or to be signed, his name or put initials in the margin opposite to any interlineation, erasure, or other obliteration or alteration which may have been made before the execution of the will.
The signature at the end must be made or acknowledged by the testator in the presence of two witnesses present together should sign their names under the attestation clause.
No person to whom or to whose wife or husband any beneficial devise or bequest is made by the will should be an attesting witness, for thereby such devise or bequest is rendered void, and a trustee who is a lawyer and is authorised by the will to charge professionally is precluded from doing so if he attests the will.
No alteration must be made after it is executed. Any change must be effected by a new will or codicil, which must be executed in the same way as a will, is required to be executed.
To facilitate the proof of the will, the occupation and place of abode of each of the witnesses should be added.
A Proof of Will:
Important elements to be proved- A person who propounds the will or produces the before the Court and wants the Court to rely upon the same has to prove that:
The Will in question is the legal declaration of the intention of the deceased,
The testator when executed the Will was in a sound and disposing state of mind and
The testator had executed the Will of his own freewill, meaning thereby, he was a free agent when he executed the Will.
How to make a Will?
Make a list of everything you own.
To facilitate you in drawing up a will and to enable you to have a comprehensive record of your assets and other important aspects, an aide memories including record of personal.
The will, once drawn up has to be written and signed by you in the presence of two witnesses (anyone above the age of 18 years). The witness should also sign as having witnessed your signing the will.
It is advisable to consult a solicitor of your choice for assisting in drawing up a will. However, it is not mandatory.
The original of the will can be kept with you or your solicitor. It is wiser to keep a copy of the will with your solicitor too. THERE ARE NO OTHER LEGAL FORMALITIES INVOLVED.
Ashok Yadav
(Expert) 03 May 2010
Only one thing to add that the will shall be written on plain paper.
G. ARAVINTHAN
(Expert) 09 May 2010
WILL CAN BE REGISTERED THOUGH IT IS ON WHITE PAPER. NO STAMPS REQUIRED
