LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Ravindra K. Banthia (None)     24 September 2016

Can you advise whether this simple will is sufficient?

Hello,

Can you advise whether this simple Will is sufficient?

Best regards,

Ravindra K. Banthia

 

LAST WILL and TESTAMENT

 

I __________ son of Late _________ and Late ________do hereby declare the following:

 

I am making this testament of my own free will and in a full disposing state of mind without any coercion, undue influence from anybody.

 

I hereby give, devise and bequeath all my properties/possessions movable or immovable wherever situated and which are not specifically set out in this Will to my daughter _______________.

 

I appoint ___________ to be the Executor and Trustee of this Will.

 

This Will shall come into effect after my death.

 

I reserve my right to alter or revoke this Will.

 

Thus, I have executed this Will as set out above out of my own free Will and with a full disposing state of mine.

                                                                                                           

Signed by the TESTATOR and acknowledged by him to be his last Will and Testament in the presence of us, both of us being present at the same time, who at his request, in his presence and in the presence of each other,

 

WITNESSES:                                                                                          TESTATOR



Learning

 8 Replies

N.K.Assumi (Advocate)     24 September 2016

Yes, that's sufficient enough.Consider this, if you got crushed in aircraft, and wrote on a stone plate your simple will in the presence of people around you, and died thereafter, shouldn't that be sufficient enough?

dr g balakrishnan (advocate/counsel supreme court)     24 September 2016

Nothing wrong, your will is ok.

sanjay hariram MASAND   24 September 2016

please  mention the sentence about future propery that you will receive in future .means your will daughter have full rights on those properties which you will receive in future such as l.i.c.maturity,any diputed property,bank f.d.,bank balances if no nomination,etc.

G.L.N. Prasad (Retired employee.)     24 September 2016

It is difficult to confirm whether a will is sufficiently worded or not, as even well drafted wills with registration are being challenged.

The will has to state details of properties in the form of a schedule for better appreciation.

It is always advisable to consult an advocate / solicitor who is expert in drafting, so that the registered will withstands further challenges if any in a Court.

Now a days, challenging and interpretation only to cause inconvenience, harassment to extort some from real beneficiary has become order of the day.  Please take professional help.

Kumar Doab (FIN)     24 September 2016

The senior experts have advised you.

You can benefit from it.

My view is also that let a very able counsel structure and draft your WILL to suit your long term interest.

Laxmi Kant Joshi (Advocate )     24 September 2016

There is no sample for will that anyone can take and type ,a will should be drafted as its not create any confussion while it's probated or acts by the benificery , the method and the content in the will is differ from one will to another , there in the above will I want to say you must give details of your all living and non living children and your willingness about them either you want to give any thing to them or not and why ?? , if your wife is alive then you have to clear about her position in your will .

Kishor Mehta (CEO)     24 September 2016

Sir,

Usually Hon. Court needs a list of assets to arrive at the applicable Court fees to grant probate of a Will, even if the format as proposed by Shri Banthia may be technically correct, what would be the assets declared for the court fees?

Secondly the probate will be applicable ONLY to the immovable assets declared in the list of assets declared to the Hon. Court at the time of application for Probate.

It will be difficult to transfer any immovable assets, if any, found to be owned by the Testator after the Probate is granted for the assets already declared.

As a practice the Testator declares his total movable and immovable assets in the Will as a precautionery measure to avoid such events.

Good Luck,

Kishor Mehta

Ravindra K. Banthia (None)     02 October 2016

Thank you, all, for your valuable contribution.

Best regards,

Ravindra Banthia


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register