How to write a last will and testament
Krishnaraj
(Querist) 19 December 2011
This query is : Resolved
Dear Experts,
Kindly advice me to write my last will and testament in favour of my wife. I have a immovable property and little jwellery and Cash in my SB account.I would like to write a will in favour of my Wife.
I request you to kindly give me a sample copy of the last will and testament.
Thank you.
Sailesh Kumar Shah
(Expert) 19 December 2011
Take services of Local advocate. readymade draft couldn't complete your object.
Suppose, you have son or daughter and you don't wish to give anything, you have to mentioned reasons for it.
and also you have to mention reasons why you only select your wife only.
A V Vishal
(Expert) 19 December 2011
PFA a simple will bequeathing all movables and immovables to wife.
Nadeem Qureshi
(Expert) 19 December 2011
BEFORE MAKING A WILL BE SURE ABOUT YOUR PRROPERTY THAT IS IT ANCESTRAL OR SELF ACQUIRED.WILL UPTO SELF ACQUIRED AND YOUR SHARE IN ANCESTRAL PROPERTY CAN BE MADE IN FAFOUR OF YOUR WIFE OR ANY OTHER PERSON.
FOR FURTHER ASSISTANCE
FEEL FREE TO CALL
V R SHROFF
(Expert) 19 December 2011
No need to mention reasons why you only select your wife only
V R SHROFF
(Expert) 19 December 2011
sending herewith a WILL, and yo can change it with your details
I advise to get your WILL draft through a Advocate, and register it.
Krishnaraj
(Querist) 19 December 2011
Thank you verymuch sir, This is Self acquired property and i have a adult son and daughter , both of them married and settled. hence would like to make a will in favour of my wife.
ajay sethi
(Expert) 19 December 2011
you can bequeath your property aboslutely to your wife . in fact that would be most prudent . get will drafted by local lawyer
R.Ramachandran
(Expert) 19 December 2011
Dear Mr. Krishna Raj,
In the Will, you have to make provisions for many contingencies like, (i) your wife pre-deceasing you or (ii) both of you dying simultaneously.
You have to indicate as to how you would like your property to devolve on those situations.
R.Ramachandran
(Expert) 19 December 2011
In the will which you have drafted, you have concentrated only about immovable property. You also will have to indicate as to what you wish to be done in regard to your movable properties like bank account, fixed deposits, amounts receivable from others etc. etc. If you do not say anything specifically, then in that case, then all your legal heirs i.e. your wife, son and daughter will share amongst them equally such movable properties.
Krishnaraj
(Querist) 19 December 2011
Thank you verymuch sir,
My main object is to write a Immovable property in favour of my wife, However, Movable items may be shared equally among all the legal heirs of me.
Thanks you for your support
Raj Kumar Makkad
(Expert) 19 December 2011
WILL is a legal declaration of the intention of a person with respect to his property or a state, which he desires to take effect after his death. WILL is an untitled document which state after the death of a person making the deposition an it is document which can be revoked , modify or substituted by the person executing the will at any point of his time during his life time. For executing the Will the person must be fully competent, as much as he should not be a minor and should not person of unsound mind. The Will has to be in writing and has to state that the person executing the same is making it out of his own free will and in a sound disposing state of mind. It has to be signed by the executor of the Will and has to be attested by two witnesses atleast. However under the provisions of law the Will is not requiring in writing no required to be signed or attesting. The WILL under law is not required to be compulsory registered. It can be executed even on a plain paper and it can be fully valued even if unregistered. In the event of the person desiring WILL to be registered, he has to approach the office of the Sub-registrar and has to be accompanied by the person who have signed as witnesses on the said WILL .The executor of WILL as well as the attesting witnesses have to put their signatures and thumb impressions in the register maintained by the Sub-registrar. There are Sub-registrars defined for various district and you have to inquire for in this regard from the concerned office as to which Sub-registrar you are required to get your WILL registered. The Sub-registrar would be as per the place of the residence of the person executing the WILL.
So keeping in view the legal position as narrated above, you draft your will.
prabhakar singh
(Expert) 20 December 2011
All have aptly opined.However i personalty opine that it must be recited in any will why testator is dropping his other natural heirs because in litigation it becomes a cause of doubt to be removed by the propounder of the will.
