MY WILL DOCUMENT
col A P Khanna
(Querist) 16 June 2008
This query is : Resolved
I intend writing my will.Is it possible to provide me a draft will document containing all essential& detailed write up so that when i insert my property details & directions for their disposal, The document becomes a proper will?
Col A P Khanna(Retd)
Guest
(Expert) 16 June 2008
WILLS
INTRODUCTION:
Will is a settlement of estate of a person made during his lifetime, but proposed to take effect after his demise. It is defined in Sec. 2 (h) of the Indian Succession Act as meaning 'the legal declaration of the intention of testator with respect to his property, which he desires to be carried into effect after his death". A will takes effect on the death of the executant and during his lifetime is an ambulatory document, revocable at any moment, having no legal effect whatsoever. It is a secret and confidential document which the executant is never ordered to produce.
When the will relates to disposition of immovable property, it must be made in conformity with the law of the country in which the property is situated. However, in case of movable property, in order to be valid a will must be made in conformity with the law of the testator's domicile.
As per the Indian Succession Act the following constitute a valid will:
(1) The will should be made in writing except that a soldier or airman in active service or a mariner at sea, not being a Hindu, Buddhist, Jain or Sikh, can make an oral will (Sec. 63, 65).
(2) It should be signed or marked by the testator or by some other person in his presence and by his direction [Sec. 63(a)]. The best place for the signature is at the foot or end of the writing.
(3) It should be attested by two or more persons, each of whom has seen the testator making his signature or mark, or has seen some other person signing the will in the presence and direction of the testator, or has received from the testator a personal acknowledgment of his signature or mark or the signature of such other person. Each of the attesting witnesses should sign the will in the presence of the testator, but it is not necessary that more than one witness should be present at the same time [Sec. 63(c)].
Supplementary Will or Codicil
Codicil is a supplement to a will. When a testator wishes to make some alteration in his will, he should do so by executing a codicil to his will, making the additions or alterations and expressly confirming the original will. Codicil requires the same formalities as a will.
A will is by its very nature revocable. There are three modes of revocation of a will:
i. By another will or a codicil;
ii. By destruction; and
iii. By marriage (in some cases).
DRAFTING OF A WILL:
Law does not prescribes any particular form of will, however, the language of the will should be simple and clear. In case it is full of technical expression, it may be challenged on the ground that the testator did not clearly understand it and its effect.
A will is drafted as a deed poll in the first person. In general a will consists of following parts:
1. Commencement
At the commencement a will should state the date on which it is made revoking all former wills and codicils made by the testator and declaring it to be the last will of the testator. The revocation of previous wills and codicils must be expressly and definitely made and it is not sufficient to say that this will is the last will as that statement does not amount to a revocation of a former will. The intention to revoke a will should be expressly declared (Sec. 70, Succession Act).
2. Clause about appointment of executor and trustees and guardians-
If the will contains a trust, trustees should be appointed, and if executors of the Will are appointed the same persons may be appointed trustees. It is not necessary to appoint an executor. However, an executor is entitled to get a probate of the will to enable him to administer the estate of the deceased without giving any security. In cases where no executor is appointed, no probate can be granted (Sec. 222), and letters of administration is necessary (Sec. 232 and 234), which are not granted without an administration bond (Sec. 291).
While appointing an executor it should be borne in mind that probate cannot be grant
H. S. Thukral
(Expert) 16 June 2008
Kindly go to www.vakilno.1.com to get the draft for a Will.
Essentials of a proper will are that the person executing the will should identify himself/property ( movable/imovable) should be clearly specified. Name and addresses of benificiaries and the share of property bequethed to them should be described. The Testator/executor of the will has to sign in the presence of atleast two persons, who will attest the document by putting their signatures that the Testator has signed the will in their presence. Attestation by two person is mandatory.
SANJAY DIXIT
(Expert) 25 June 2008
It will be better if you contact to a local lawyer.
anantha krishna n.v. Advocate
(Expert) 04 July 2008
apart from what is said above,
the following are also essentials to be incorporated in the will.
1. statement that the will comes into operation after the demise of the TESTATOR.
2. He reserves the right to revoke the same at any time during his life time.
anantha krishna n.v. (Advocate, Hyderabad, 9246531895)
Hiralal Das
(Expert) 06 April 2009
I do agree with views and/or valuable opinions of our ld. members/friends. Thanks all of you.
