W I L L (DRAFT, BLANK)

 

W I L L (DRAFT, BLANK)

PART--I

SARASIJ MAJUMDER

Many of my Friends, and acquaintances couple of times asked me to share a BLANK for drafting their WILL.

I present below a ‘BLANK’ for your information.

At the end of the ‘BLANK’, I am sharing some useful information.

If any of you want a native file, share your e-mail id in the comment box.  I will send. I will not be available from 27/10 to 14/11.

Feel free to ask any question on this.

BLANK DRAFT:

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W I L L                                    (Dated: ________)

 

 

I, ___________________  (PAN: ________) (Aadhar: __________________) aged __ years, presently residing At _________________. I am in good physical and mental condition and can perform all my personal physical activities myself. I say that at present, I am in sound and disposing state of mind. I fully understand what is right and wrong. I with my free will, without any force or compulsions from others, make this Deed of Will in order to avoid any litigation or unpleasantness in respect of my properties after my demise.

 

1)         I say that this is my latest and last will. If there are any other Wills, the same shall also stand cancelled by this present WILL. I do hereby revoke all my previous wills and / or testamentary writing that I may have executed and declare this to be my last WILL and Testament, in respect of my below mentioned properties.

2)         I appoint my _____Father/mother/son/ daughter etc. (Relative) (AdharNo. :- _____________), to be the executor of this will. In the event my executor dies before me or is not willing to act as an executor, _____________ shall act as my sole executor.

3)         During my lifetime, I have acquired the following immovable and moveable properties which are broadly listed as under :

A] Flat / Property, (Full description required).

B] Balance in Saving Account Number ___________ held with _________ Bank, ________ Branch.

C] Fixed Deposits ____________ Bank ________ Branch, amounting to Rs: __________/- approximately.

D] Demat Account (Details)

E] Ancestral Property [if any] (Full Description Required) situated at ______

F] Any other item of Value

G] CAR

 

4)         Nobody except me, has any right, title or interest in the above properties and I am entitled to distribute and dispose off these properties in the manner I deem fit.

5)         I direct my Executor to first pay out of the said properties estates and effects all debts and liabilities including probate duty or fees and all other taxes, assessments and duties payable by me or by my estate.

6) I direct my executors that my above-mentioned  ESTATE  is to be distributed as under :

7)  List of Beneficiaries, with name, and details of Benefit/ Share/ Amount for each person.

8) My executors shall be entitled to reimburse themselves or pay and discharge out of my estate all costs, charges and expenses in relation to effective execution of this will.

9) My executors shall have the power to recover all and every debt and outstanding or otherwise with power to them to agree, release, compound and settle accounts with all persons liable to accounts to my estate and for that purpose to execute effectual receipts and discharges.

10) I reiterate that I maintain good health and possess sound mind. This Will is made independently by me and I have not been influenced, cajoled or coerced by any person in any manner whatsoever.

 

IN WITNESS WHEREOF I, the said Mr. ___________, hereto set my hand at ________on this ___ day of __________ 2022.

 

SIGNED AND DECLARED BY                 )

Mr. ____________________,                                     )

THE TESTOR ABOVE NAMED                )                      Photo  with sign, and

AS AND FOR HIS LAST WILL                  )               with Thumb Impression

IN THE PRESENCE OF WITNESSESS   )

{Present at the same time, who at his                )

Request, in his presence & in the                 )

presence of each other have hereinto                       )

Set And Subscribed their respective Signs )  ________________________

          Signature

 

WITNESSES :

1)         ___________________________

2) ___________________________

FEW POINTS FOR  GUIDENCE:-

1.0 There has to be an ‘EXECUTOR’ of the will. He may be your SON/ DAUGHTER/ WIFE/BROTHER/or a trusted friend.

2.0 If ‘beneficiary’ is the executor, better keep the will in a BANK LOCKER, which you can only open, when alive. Keep the KEY in a safe place.

3.0 Inform the Most Reliable Closest relative about the place and key, but that’s all.

4.0 It is better to write the will on a Legal Tender, and Notarize.

5.0 Registration is not needed.

6.0 You can mention an alternate ‘EXECUTOR” if the first executor is not available to do the ‘JOB’.

7.0 Select a Legal Advisor, and a CA—who shall be pre-informed about their role, and name to be included in the will  if they agree.

DUTIES OF AN EXECUTOR

An executor of a will has the following responsibilities:

• Filing papers to have the will admitted to probate
• Notifying the decedent's heirs and creditors of the probate
• Paying the debts of the decedent
• Managing and preserving the assets of the estate
• Assuring that the estate is distributed to the appropriate heirs, as required by the will

The executor of a will has a duty to act in good faith, to follow the testator's wishes as expressed in the will, and to act in the interests of the heirs and creditors. This is called a fiduciary duty.

IMAGE:- GOOGLE

NOTE: The above is a simple draft. You may consult your Lawyer.