procedure to make a will
Anil Goel
(Querist) 04 March 2010
This query is : Resolved
hello experts
plz tell me the main points or procedure to be adopted while prepairing a will of the person.
and a specimen of the will. plz reply early, its urgent
thanx
Jayashree Hariharan
(Expert) 04 March 2010
date, place of the will. name of the , age, address of the executant,i.e.person making the will.
mention about previous wills or if noprevious will mention it. saying that this is the final will written with full consciousness, and no ill health and the executant is fully aware of what is written in the Will. No coercion, force, etc.
describe the property and nature of property like ancestral, streedhan, self acquired, etc.(movable and immovable), while mentioning what all will go to whom.
Jayashree Hariharan
(Expert) 04 March 2010
it is not necessary to register, but better to register the will. has to be registered in the jurisdictional sub-registrar office. will should be on 100 rupees stamp paper.
A V Vishal
(Expert) 04 March 2010
A WILL is a document by which a person makes a disposition of his property to take effect after his death.
What is the legal definition of a will?
A legal declaration made by a person with respect to his property, which he desires to be carried on to somebody of his choice after his death, according to Section 2(H) of the Indian Succession Act, 1925.
What is the particular character of a will?
A will is ambulatory and revocable during the lifetime of the testator who makes the will. It comes into force immediately after the death of the testator.
What is codicil?
A codicil also has all the characteristics of a will regarding attestation, and so on. A codicil is supplementary to a will. For instance, a testator makes a bequest to A and after some time, he revises his views and wants to alter the disposition. He can do so by executing a fresh will or by executing a codicil to the existing will. He can say the bequest referred to in the will be taken by B and not A. Or any omission in the earlier will can be incorporated in a codicil.
The codicil should also be probated along with the will.
Who is a testator?
A testator is a person who makes the will.
Who can execute or make a will?
Any person who has completed eighteen years of age can make a will.
What are the requirements of a valid will?
What is essential is the mental capacity of the maker while executing the will.
He should execute his will without any influence from any quarters.
He should have strong will and mind while making his will. It is his will and he can will away his properties as he likes.
Can any will be challenged in a court of law?
If a will was executed under coercion or under undue influence and was executed without application of the mind of the testator, the same can be challenged with sufficient proof of such allegations.
Can a person make any number of wills?
Yes. But only the last will, if proved by the party propounding the same, can be acted upon.
Is there any format for making a will?
There is no form for the will. Nor any law has prescribed any format.
Can a person make an oral will?
Only Muslims can make oral wills. Soldiers in the army on duty can make wills that need not be attested. Muslims can make oral gifts of immovable property as well.
What is personal property?
The property in which a person has an interest, which will pass to a man's personal representatives when he dies in testate.
What is dying intestate?
A person is said to die intestate when he dies leaving the property without any testamentary instrument or non-testamentary instrument. Testamentary means a document or instrument relating a will. Non-testamentary instrument means any document other than will. Intestate occurs when a person dies without making a will.
When does a will become invalid?
A will becomes invalid:
If it is not attested by witnesses as required by law.
By any bequest made by the testator to the attesters to the will.
If the intention or declaration of the testator is vague or ambiguous.
The will has been cancelled, and;
A person not qualified to execute the same has executed the will.
A V Vishal
(Expert) 04 March 2010
Format of a Will
(Note: This is only a draft format and not a format prescribed under any law. This format can be used with modifications suiting to your requirements wherever it is necessary.
WILL-DEED
I Sri._______________________ S/o.____________________ residing at
________________________________________________ aged about ________
years _________ by religion, occupation _______________ do make this my last
will and testament.
1. I have not made any will or other testamentary document, but if any made, I
hereby revoke all previous wills and codicils, if any and declare this to be my
last will and testament.
2. I appoint (1) Sri._______________________ S/o.____________________
residing at ________________________________________________ aged
about ________ years _________ by religion, occupation _______________
(2) Sri._______________________ S/o.____________________ residing at
________________________________________________ aged about
________ years _________ by religion, occupation _______________ (3)
Sri._______________________ S/o.____________________ residing at
________________________________________________ aged about
________ years _________ by religion, occupation _______________ as the
executor of this will and trustees of my estate.
3. My family consists of _____________________
4. My property consists of
(a)
(b)
(c) etc.
5. I bequeath all my property in whatever form existing at the time of my death to
the said executor and trustees to hold the same on trust for the benefit of my
wife Smt._____________________ for her life time and till her death as herein
after provided.
6. My executors and trustees shall, after spending the necessary money for the
management of the said property out of the income thereof, pay the net income
to my wife and the same will belong to her absolutely without liability to
account for the same. My executor and trustees will also spend out of the
corpus of estate such amounts as may be required by my wife for medical
expenses or for pilgrimage. But my executor and trustees will not be entitled to
sell my immovable property above mentioned or mortgage the same.
7. On the death of my and if she predeceases me then on my death all my estate
then existing whether mentioned in this will or not, will belongs to my
children,
2
(a) ____________________
(b) ____________________
(c) ____________________ absolutely in equal shares and the trustees for the
time being of the said estate under this will shall transfer the same among
said childr en by executing proper document or documents.
8. Provided that, if at the time of death of my wife or myself as the case may be
any of the said children is a minor, the trustees shall hold the said property on
trust until the youngest attains the age of majority and till then the net income
of the said property will given or spend for maintenance and education of the
said children.
9. My executor and trustees shall obtain probate of this will from a competent
court, if required in law and shall pay all the probate duty and other expenses
required for such probate and also pay as first charge all my other liabilities by
way of taxes or otherwise howsoever.
10. I have made this will out of my free will and when I am in sound health and in
good understanding and in witness thereof I have put my signature hereunder
in the presence of witnesses on this _________ day of _____________ month
of ______________ year.
Signed by the within named testator }
Sri. _________________________ }
opposite in the presence of witnesses, } TESTATOR
who in presence and at his request and }
in the presence of each other have put }
there signature as witnesses hereunder.}
1.Sri. __________________________
Full Address: _________________
. _________________
2. Sri. __________________________
Full Address: _________________
. _________________
Kumar Thadhani
(Expert) 04 March 2010
Expert MR vISHAL HAS GIVEN YOU FULL DESCRIPTION OF THE WILL.
Anil Goel
(Querist) 04 March 2010
thanx experts for u r valuable advice
one more ques:
can an individual will his/ her share in any property which he/she has not received yet at the time making a will
e.g. a lady has right in the property of her husband as a legal heir. can she make a will the same right as she going to receive on the death of her husband as she has not received yet the same right in that very property at the time making her will.
Guest
(Expert) 04 March 2010
Mr vishaal has given exact answer of your query. I do agree.
A V Vishal
(Expert) 04 March 2010
No Mr Goel the answe to your second query is negative
