Format of a WILL (draft for preparation of a WILL)

There is no prescribed format for a WILL; you can write a WILL in your own language in your own style. It is not necessary that any technical words or terms of art be used, no need to approach a lawyer to prepare a “WILL”, but only that the wording used in the ‘WILL’ shall convey the clear intention of the testator (Person who makes the will). A will can be made on a plain paper, hand- written or typed, is acceptable under Indian law, but if one wants to register the will, payment of stamp duty is necessary. In case you want to register the WILL, you can register the same at the Sub-Registrar’s Office (office of Registrar of Assurances) nearer to your residence. However, registration does not offer any additional legal sanctity to a will.

Meaning of Testator, Probate, executor, and administrator: A Testator is a person who makes the will. The Executor is the person who will implement the WILL after the testator’s death. The executor obtains a letter of ‘PROBATE’ (Probate means a certificate issued by the competent court to “prove” the validity of the last will and testament). If the WILL does not contain the name of the executor or executor refuses to accept the responsibility, Court will appoint an administrator for the purpose.

Format of a WILL

This Will contains total ( ) Pages

I, …………………….…….. (Name), S/O …………….. , age…….. years, usually residing at ………………………………..(Address), am making this will out of my free volition being of sound mind and memory, without any intimidation or undue influence. I hereby revoke any Will, Codicil or testamentary deposition I may have made hitherto and state that this Will made at………………… (Address) on…………………….. (Date) at ………… (Time), is to be my last Will.

A). I declare that I am the absolute owner of the properties mentioned in this Will and entitled to make this Will.

I state that I am the owner and have absolute right, title and interest on the following immovable properties. (i) {Specify the address of all the immovable properties owned by you, with the details like Area of the property, Schedule of the property (Boundaries)} (ii) {In case you are the co-holder of the property with other family members, furnish the full details of other co-holders and their percentage of shares in the property}.
I state that I have been maintaining the average cash balance in hand or at home to the tune of Rs…. for the purpose of emergency purposes.
I state that I have Bank deposits, Insurance, PPF account, mutual funds, Jewellery, Shares, and D’mat account ( Name of the Depository) in my individual name, the original records,receipt,PPF passbook,Jewels etc are kept in the locker No. , at ……………………. (Bank & Branch). The details of above financial products are as under

………………………………

B). I wish to direct the following special instructions to the executor of my Will before commencing disposal of properties after my death.

The cash balance in my possession and balance in SB account No……… held in my name at …………….. Bank…………. Branch, at the time of my death, shall be set aside for the following allocations.
Any medical expenses that may be incurred on my illness at the time of my death or for my funeral and related ceremonies shall be met out of this money.
All my debt, liabilities and monetary obligations including all testamentary expenses, cost charges, expenses in respect to Probate and other legal charges should be paid off by the executor from this money.
I bequeath the balance from this money after all payments and any other residues to my wife Mrs. ………………………which she shall use and enjoy at her free will.

C). It is my wish that all my properties, interests, and other rights in following immovable properties should be distributed amongst my heirs in the manner described below.

I bequeath on my death the title interests and all other rights of the Residential Property at…………………………….. (Fill in the detail of the property)…. to my wife Ms.…………………………… She shall enjoy absolute and unqualified right over the property so received by her.
I bequeath on my death the title interests and all other rights of the Commercial Property at…………………………….. (Detail of the property) to my only Son Mr.…………………………… He shall enjoy absolute and unqualified right over the property so received by him.

D). It is my wish that all my rights and interests in Gold and Jewelry owned by me should be distributed amongst my heirs in the manner described below.

I bequeath on my death the following Gold /Silver Jewelry……………………………………….. (Give the list of jewelry/ornaments) to my wife Ms.…………………………… . She shall enjoy absolute and unqualified right over the valuables so received by her and have the right to utilize the same in any manner as her own after my death.
I bequeath on my death the following Gold /Silver Jewelry……………………………………….. (Give the list of jewelry/ornaments) to my daughter …………………………… She shall enjoy absolute and unqualified right over the valuables so received by her and have the right to have the right to utilize the same in any manner as her own after my death.
I bequeath on my death the following Gold /Silver Jewelry……………………………………….. (Give the list of jewelry/ornaments) to my daughter in law …………………………… She shall enjoy absolute and unqualified right over the valuables so received by her and have the right to utilize the same in any manner as her own after my death.
E) It is my wish that all my rights and interests in Bank deposits, Insurance, PPF account, mutual funds, and Shares (the value of which may appreciate/depreciate or be changed from time to time) held in my name should be distributed amongst my heirs in the manner described below.

I bequeath on my death, the entire proceeds of bank deposits, insurance claim, the balance in PPF account in my name at the time of my death, to my wife Ms.…………………………… as absolute beneficiary. I direct her to keep the fixed deposit of Rs.1 lakh each in the names of my minor grandchildren Master…………S/O………and Baby……………d/o…….…..from the above proceeds as my gift to them. The deposits maintained in the name of minors may be operated by their respective parent as natural guardians.

I bequeath on my death the entire money from the proceeds of Mutual Funds accounts and shares of different companies held in my name to my son Mr..…………………………… He shall use and enjoy absolute and unqualified right over the proceeds received therefrom.

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

F). In order to avoid any litigation amongst my heirs in respect of the distribution of my assets after my death, I hereby appoint the following two persons as Executor/ EExecutrix of my Will.

______________________ (Name and Address) First Executor/ Executrix of this Will
_______________________ (Name and Address) Second Executor / Executrix of this Will.

The First Executor Mr./MS……………………………………………(Name) shall administer the distribution of my properties and if he/she is unable to take up this responsibility, the Second Executor……………………. (Name) shall administer the disbursement.

In witness whereof, I have hereunto set and subscribed my hand and signature on this……… ……………. day of …………… (Fill in, Month & Year)

Signature

Date and time ………………………… Place: ………………….

Signed by Mr. …………………………. on his last will and testament, in our presence

Witness (1)

I have witnessed and read the aforesaid will.

Signature of the Witnesses

Name & Address

Witness (2)

I have witnessed and read the aforesaid will.

Signature of the Witnesses

Name & Address

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

Signature of the doctor

With Name & Address