Execution Of Will.
(Format Recommended)
This is the last WILL and testament of Me
................................................... S/o
............................................. of religion,
residing at ..................................................
executed on this the .................... day of
.......................
- I am executing this WILL in a sound
disposing state of mind.
- I hereby devise and bequeath my (give
details of properties)
..................................... to my son/daughter/wife,
residing at
.................................................... (Any
number of bequeaths can be made in this manner).
- I hereby dispose all my remaining
properties which are not disposed of in the manner given
above to my .......... ............... (here mention the
details of the person to whom the remaining properties
shall be bequeathed).
- This WILL shall come into operation
after my death.
- I hereby appoint Mr.
................................ S/o
..................................................
residing at ...........................
...................... and Mr.
............................ S/o
..................................................
residing at ...........................
...................... as executor/ executors of this
WILL (one or more executors can be appointed).
IN WITNESSES WHEREOF, I, the above said
.................................... have to this WILL and
testament set my hand on this the ................... day of
.....................................
Signed by the said testator (here give the
name of the testator)
................................................................
and acknowledged by him to be his last WILL and Testament in the
presence of us and subscribed by us as witnesses in the presence
of the said testator and each other.
SIGNED
Witnesses
(1) Name: -
Address: -
(2) Name: -
Address: -
NOTE: -
- The WILL need not be written on stamp
paper and is not compulsorily registerable. If the
testator wants the Will to be a secret Will, he can
deposit the Will with the District Registrar. The Will
can be executed only by a person who is major. The
attesting witnesses also should be persons who have
attained the age of majority and must be person who can
give evidence before court. There must be at least two
attesting witnesses.
- The Will can be written by the
testator or may be written at his instructions by any
other person.
- The registration of the Will, will be
an advantage while applying for probate of the Will.
- There is no necessity for a Probate in
the case of a Will executed by a Hindu.
- A Mohammedan can make a Will orally
and there is no necessity for attestation if it is in
writing.
- A soldier in active service or a
mariner can execute a Will, which is called a privileged
Will. Such Wills may be written by the testator in his
own hand, in which case it need not be signed or attested.
If it is written by any other person, it has to be signed
by the testator, but need not be attested.
- A soldier in active service can even
make a Will orally in the presence of two witnesses. But
such Will, will be invalid, if the soldier survives for a
period of more than one month.
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