Example of a Correctly Drafted Will
A will should be written in a way which should not leave any scope for doubts. It must contain a number of sections to achieve this. An example of a well written will with all such sections is given here with the hope that it is self-explanatory.
Last Will and Testament
Declaration of identity and purpose
I, ABC XYZ, son of late Shri PQR STU, have been residing at House number 123456789, Colony so and so, New Delhi since xxxx. This is my Will, which is to say that this is the document which declares to whom I wish to bequeath my property in the event of my death.
Declaration rendering all previous wills and codicils null and void
I declare that any and all wills and codicils prepared by me prior to this will stand null and void, irrespective of the fact of their being registered wills and codicils or otherwise. This includes the will made by me and registered at the office of the Sub-Registrar ZZ, Delhi on aa/aa/20xy, having (as per certificate (section 60)) registration number 999333444 (in additional book no. xy volume number 75485943583), which was witnessed by Shrimati HIJ KLM and Shri NOP QRS.
Declaration of mental fitness
I further declare that I am mentally alert and fit, and am as fit physically as is possible for me to be at this age.
Declaration of main assets acquired (or solely and exclusively inherited AND disposed of) during lifetime
My major assets acquired (or solely and exclusively inherited AND disposed of) during my lifetime are –
1) House number 123456789 at the colony known as xyz Colony, in New Delhi (1100xy).
2) Funds received as gratuity for services rendered to the Government of India, during and after my 35 years in service of the same.
3) Money saved and earned due to my various investments in the stock market, in India.
4) In addition I have an ongoing claim to a disputed property located in Sector xy in Noida.
5) In addition I have an ongoing claim to enhancement of compensation for the services rendered by me to the Government of India.
6) National Savings Certificates, fixed deposits, Infrastructure Bonds, and deposits in State Bank of India, Punjab National Bank, and ICICI Bank.
7) Bank locker jointly held with my wife, xyz efg, in Dena Bank, xyz colony, Delhi.
Declaration of person(s) who will be inheritors
I declare that in the event of my death, all the above properties will go to the sole ownership (and sole and exclusive possession and/or sole and exclusive right where applicable) of my son, fgh ijk.
Declaration of Person(s) who are allowed to enjoy my properties after my death
My wife and fgh ijk's mother xyz efg will have the complete right to live in and to enjoy my properties after my death as long as she lives. In case of any misfortune, illness or infirmity, it will be fgh ijk's duty to care for her.
Declaration regarding residual properties and assets
I bequeath any residual properties and assets (that is to say those properties and assets which are not listed above) also to my son fgh ijk in the event of my death.
Declaration regarding properties and assets which may come to me in the future
I also bequeath any further properties and assets which I may happen to acquire or inherit during or after my lifetime to my son fgh ijk in the event of my death.
Declaration regarding executor of the will
fgh ijk shall be the executor of this will.
Provisions in the event of unfortunate demise of inheritor
This portion is not pleasant for me to write, but it has to be written as a part of my duty as a responsible member of my family. In the event that fgh ijk predeceases me, and in such a case, if any child and/or offspring of fgh ijk comes into existence before his death, then all properties which are bequeathed to fgh ijk under this will, will be given to such child or offspring. This is subject to the condition that xyz efg will have the right to enjoy my property (and to approve or disapprove its disposal by sale or otherwise), and to be cared for by the beneficiaries as long as she is alive. The executor of my will in such an event will be my wife xyz efg.
If xyz efg also predeceases me than the executor of this will in such an event will be the mother of the child and/or offspring described above.
Signature, left thumb impression, place and date of signing
Witnesses with signatures and thumb impressions (left thumb for male, right thumb for female witness)
1) Smt. fgh xyz, w/o Justice klm nop, d/o Master uvw xyz, r/o such and such colony, happytown
2) Dr. ghi jkl, r/o such and such colony, Delhi
3) Prof. opq rst, w/o Shri rst ijk, r/o house number 9999999, such and such colony, such and such city
Written by Manish Udar
Published by Manish Udar
Page created on 07th January 2014
Last updated on 07th January 2014