A sample Will


Important points
  1. As per Sec 5 of Indian Succession Act, 1925: A Will is a legal declaration of the intention of a testator with respect to his property, which he desires to be carried out after his death.
  2. As per S. 59 of ISA, any person who is not a minor and is of sound mind can make a Will.
  3. As per S. 74 of ISA, a Will need not contain any technical word. Plain simple language is enough but it must be clear and unambiguous.
  4. Will is of two kinds - 
    1. Privileged - Made by special class of persons such as soldier at war). It need not be attested.
    2. Unprivileged - Made by ordinary persons. Must be signed and attested by two persons.
  5. A person can make a Will anytime and any number of times. The most recent Will is the one that takes effect. Explicitly canceling the previous Will is not required.
  6. Registration of a Will is not necessary but is recommended.
  7. Format of a Will
    1. Heading
    2. Properties - their description and the beneficiaries
    3. Name any sole beneficiary or universal legatee
    4. Name the executor
    5. Closing
    6. Signature and attestation



WILL


I A. B. s/o B. C, age 50 yrs, resident of 123 MG Road, Indore, MP, revoke all my previous Wills and Codicils and hereby make this my Will and testament. It will take affect after my death.
I further declare that I am in good mental health and in a sound condition of mind.

  1. I appoint Sh…….and Sh……………..to be the executors and trustees of this my Will.
  2. I have my wife…………[NAME], unmarried, major son…………[NAME]. and one married daughter…………[NAME].
  3. I own the following properties, (a) House……(b) Jewelry etc. (c) Shares in Companies (d) saving and fixed deposit bank accounts with………bank………….branch  and some other movable and immovable assets.
  4. I bequeath the following assets to my son (HERE write the description of properties)
  5. I bequeath the following assets to my Daughter (HERE write the description of properties)
  6. I bequeath to my wife all the rest of my assets, including, the balance in my savings bank account with the…………..bank……………..branch…………, cash and other movables and immovable properties.
  7. I direct that any amount that may be determined as payable by me by way of debts, dues and liabilities, including direct and others taxes, charges, land revenue, costs, fees, and expenses to be paid by my son.

IN WITNESS WHEREOF, I have to this my last Will set my hand this …………… day of ……………….

                                                                                                                                                    SIGNATURE OF TESTATOR  

Signed by the above named testator in our presence at the same time and each of us has in the presence of the testator signed hereunder as on attesting.

SIGNATURE………….

SIGNATURE………….

WITNESSES:

1. …………………(Name and Address)

2. …………………(Name and Address)