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kannan (s/w)     25 August 2008

Will format

Does the WILL have any specific format or any Specific Heading?

Does the WILL need to be registered before the death of the person who wrote it?



Learning

 13 Replies

Pradeep (Advocate)     25 August 2008

No, there is no specific format in which a will has to be drafted, but the language of a will has to be such that it shouldn't create any confusion in the minds of a common man, while reading it. 


will is the legal expression of the intention of the person making it, which comes into force only after his death... hence, while reading the will one should understand the intention of the person making it...


registration of a will is not mandatory, but it has to be attestedby 2 persons, among one of them atleast should present before the court, in a future date, when the testator (person who made the will) dies.

Guest (n/a)     25 August 2008

What happens if one of the legal Hier is having objection on the Will. Will it delay court proceeding to give Probate?

kashi nath shukla (advocate, )     25 August 2008

Specimen of will


 


SPECIMEN OF A WILL


 


I, ___________________________, son/ wife of _________________________ , resident of ________________________ age __ years, am making this will on the __ th day of ________ _____ out of my free volition and without any coercion or undue influence whatsoever and state that this is my last will and that I hereby revoke all Wills and Codicils made by me at any time heretofore. I bequeath my property, interests and other rights as follows :-


 


1.I bequeath on my death to _______________________________, my title, interests, and all other rights which I have as owner of the residential / commercial property at _________________ I hereby state that he shall be entitled to use and enjoy the said property at his own will after my death.


 


2.I bequeath on my death the following ornaments and jewellery belonging to me to __________ :- (give list of ornaments)


 


3.I bequeath on my death, cash balance lying with me at the time of my death to ______________.


 


4.I bequeath on my death, bank balance lying in my name at Savings / Current Bank Account No. _____ Bank of ______, _________________ Branch, ______ at the time of my death to _______________________________.


 


6.I bequeath the amounts receivable by me at the time of my death from various parties on various accounts to ____________________.


 


7. I bequeath the amounts and other valuables owned by me and lying in locker number _________ in my name at Bank_________, (Branch) at the time of my death to ___________.


 


8.I direct that a sum of rupees ________________ Only (Rs. _____/-) be set apart from my assets at the time of my death and be donated to a charitable trust or persons whose aim and objective is to provide food, medical assistance, education assistance, etc to needy persons.


 


9. I direct that before distributing my assets in accordance with this will, all my debts, liabilities and monetary obligations including all testamentary expenses, costs, charges, expenses in respect of probate and other legal charges at the time of my death be met out of my assets.


 


10.I bequeath all other residuary property, assets and other rights whether or not existing at the time of my death to _______________________________.


 


I further state that my father, Mr ______________________ is appointed as the executor of this will.


 


I declare that the executor shall have all the powers as may be necessary to execute this will.


 


I declare that I am the owner of the properties mentioned in this will and am entitled to make this will. I am of sound mind and health at the time of making this will.


 


In witness whereof, I have hereunto set and subscribed my hand and signature on this __ th day of _____________.


 


signed


 


Signed by Mr _______________on his last Will and testament, all being present at the same time. Thereafter at his request and in his presence, we subscribed our respective names and signatures as attesting witnesses all being also present at the same time.


 


Signature of Witnesses


 


 


1.I have witnessed and read the aforesaid will.


 


 


sign


 


2.I have witnessed and read the aforesaid will.


 


 


sign


 


3.I have examined Mr ______________ on the date of this will and wish to state that he appears to be in of sound mind and sound mental health at the time of making the above will.


 


 


sign of doctor


                                                           though there is no format of a will but i have made an attempt to supply a specimen of the same.


 

1 Like

Pradeep (Advocate)     26 August 2008

Great attempt... thank u

Pradeep (Advocate)     26 August 2008

the objection can be with regard to the validity of the will.. when there is some dispute and it reaches the court, we cannnot set a time limit as to when such dispute will be resolved.. it depends on the bbasis of objection, and the nature of will. if we consider this angle, it is better to register a will, bcoz the registration will add more weightage to the will, and it ll be helpful in resolving any future dispurte.

Guest (n/a)     26 August 2008

Can Will be registered after the death of the person who wrote it?

Shree. ( Advocate.)     26 August 2008

Another format of WILL:


       I, ______________, son of Shri _______________, aged __ years, resident of ______________________________, do hereby revoke all my former Wills, Codicils and Testamentary dispositions made by me. I declare this to be my last Will and Testament.


I maintain good health, and possess a sound mind. This Will is made by me of my own independent decision and free volition. Have not be influenced, cajoled or coerced in any manner whatsoever.


I hereby appoint my ________________, as the sole Executor of this WILL.


The name of my wife is _________________. We have two children namely, (1) __________________ (2) ________________, I own following immovable and movable assets.


1. One Flat No.___ in _______________________.


2. Jewelry, ornaments, cash, National Saving Certificate, Public Provident Fund, shares in various companies, cash in hand and also with certain banks.


All the assets owned by me are self-acquired properties. No one else has any right, title, interest, claim or demand whatsoever on these assets or properties. I have full right, absolute power and complete authority on these assets, or in any other property which may be substituted in their place or places which may be Acquired or received by me hereafter.


I hereby give, devise and bequeath all my properties, whether movable or immovable, whatsoever and wheresoever to my wife, _____________________, absolutely forever.


IN WITNESS WHEREOF I have hereunto set my hands on this ____ day of ____, 2000 at ____________.

 


-sd-

TESTATRIX


SIGNED by the abovenamed Testatrix as his last WILL and Testament in our presence, who appear to have perfectly understood & approved the contents in the presence of both of us presents, at the same time who in his presence and in the presence of each other have hereunto subscribed our names as Witnesses.


WITNESSES :


1.

 


2.


 

Shree. ( Advocate.)     26 August 2008

Dear Kannan,


      Yes it can be registered , claiming party under the will have to produce will, records relating to the death of the testator, witness and the scribe before the Sub Registrar. If Sub Registrar is satisfied about the truth and genuineness of the execution of the will, he will register.


 

advocate jain (advocate)     26 August 2008

thanks for ur advise

kannan (s/w)     28 August 2008

One more question. If the Will is registered after the death of testator. Is it a Valid Will or Is it compulsory to get Probate of court.

pravin (advocate)     14 October 2011

Will i.e. the most significant part of the divided shares in between family members by the Karta 

narayan samantra (articles)     09 August 2012

any one can gave me a will format with thumb impression 

J.S. SANDHU (DIR.)     13 November 2012

Dear All,

The WILL should be printed on How rupees STAMP PAPER/ e Stamp?.....100 or 500 /-

Thanks & Regards,

JS


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