The response to my previous post on “Online Will” was very good. Few of my friends and blog visitors requested for a ‘sample draft of a Will.’ The online Will writing service providers prepare online Draft Will based on the details you provide. There is no need for you to work on drafting the Will.
But, if you are planning to write a Will on your own then consider the below points. In this post, I have also provided a ‘Sample Will.’
Latest Article : Nominee, Legal Heir & Beneficiary – Are they one and the same?
Below is the sample Will format:
I, Shri/Smt ………………….. son/daughter/wife of Shri ……………..,resident of …………………., by religion………….., do hereby revoke all my previous Wills (or) Codicils and declare that this is my last Will, which I make on this …….(Date)………………… My Date of Birth is ………….
I declare that I am in good health and possess a sound mind. This Will is made by me without any persuasion or coercion and out of my own independent decision only.
I appoint Shri………………….. Son/daughter of ……………, resident of …………. to be the executor of this Will. In the event Shri…………… were to predecease me, then Shri……………., will be the executor of this Will.
I bequeath the following assets to my Wife Smt……………..
1. My house located at………(address)………
2. Bank balance of my savings account no…………………..with ……………(bank name & bank address)………
3. My Bank fixed deposits in …….(bank name)…..bearing ……..(FD receipt nos)……..
4. The proceeds of my Term insurance policy ….(Policy no)……, from…….(insurance company name)………
5. The contents of bank locker no………, with bank…………, bank address……………
I bequeath the following assets to my son Shri……………
1. Residential Plot no…….., located at…………….
2. My car with registration no……….
3. My mutual fund investments with folio numbers…………………..
4. Any other asset not mentioned in this Will but of which I am the owner.
All the above assets are owned by me. No one else has rights on these properties.
Signature of Testator
Witnesses
We hereby attest that this Will has been signed by Shri………….as his last Will at ………(Place)……… in the joint presence of himself and us. The testator is in sound mind and made this Will without any coercion.
Signature of Witness (1) Signature of Witness (2)
Download free sample (Draft) WILL Document.
The above draft is just a sample Will. Kindly remember that there is no standard proforma or format for drafting a Will. It is always better to write an exhaustive Will. You may consult a Legal expert (or) consider utilizing the services of online Will writing providers.
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(Reference “Wills & Succession Planning” by R N Lakhotia, Image courtesy of Mister GC at FreeDigitalPhotos.net)
This post was last modified on September 5, 2023 2:47 pm
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My parents had a house in their joint names, which was sold by my father in 2013, after the death of mother same year. As my married sister is financially very well off, my father gave the entire money from sale to me (around Rs 30 lakhs) and I purchased a new flat in my name in 2014, by adding around 35% amount from my side as well. As this flat in in my name alone and my father has died recently, can my sister make a claim from me for giving her half the sale value of my parents house – being an ancestral property. I ask this as my sister had on few occasions told my father verbally that he gave the entire sale amount to me.
Dear Partha,
Legally, she can claim her share in the (sold) property proceeds.
Related article : What is Ancestral Property? | Definition & Important Legal rules
Maybe I wrongly mentioned ancestral property. That house was purchased by my Father in-law himself from his own money and was not inherited from his parents. Secondly, I had heard that there is a certain time period within which any claim has to be made, otherwise it gets Time -barred and then nobody can stake any claim. The house in question was sold 7 years ago and no written or informal claim has ever been made for a stake from the proceeds of its Sale.
Dear Partha,
Your father or father-in-law??
If it is a self-occupied property and WILL is not written then as per the Hindu Succession Act the property ownership gets distributed
Sorry, it is my Father. Moreover, the house had been sold 7 years ago itself and thus cannot be construed as Self-occupied by me. The money from its sale was used by me for buying a flat in my name alone and I stay in this flat, after adding 35% amount from my side as well. Do you have any comment on claims getting Time-barred. And can the Executor also be one of the Witnesses.
Dear Partha,
Anything can be challenged in the court of law.
Executor here refers to??
"As per the provisions of the Limitation Act, 1963, the time limit prescribed to institute a suit for possession for enforcing a right relating to an immovable property is 12 years."
So, time-line can be around 12 years I guess..
good morning sir -please need a sample will in favour of son by his mother and sister regarding property of deceased father, thank you
Dear venkatesh,
Suggest you to kindly consult a civil lawyer or take 'online will writing' service provider's help..
Many Thanks
Hi Sreekanth,I was married for 3 years after that me and my wife are staying seperately. my wife didnt gave me divorce.My divorce petition was dismissed by district court saying no strong reason to give divorce.In divorce case also I paid interim maintainance and then she files MC even for that I am paying maintenance. Its been 11 years my marriage happened and been 8 we are not together.I have son and daughter was born after she left home and said she was carrying at the time leaving the home. I dont have hope that we again together.My wife and her parents are fully money-minded.My wife simply saying I dont give divorce do what ever u want saying I have kids and not divorced hence after your death whatever you have property all come to us. I knew she ruined my life just thinking i have property.So i dont want my single penny to go her or her kids. Kids are no way in touch with me. I want to write WILL to donate to any charity. Is this valid or only kids are leagal heirs?I am feeling so tense and dont know my future so planning to write WILL. Please suggst atleast I feel satisfied that after my death my wife or kids dont get any of my own heard earned property also I dont have any property from my father.
Dear Surya,
Can understand your feelings and emotions!
But, aren't they your kids?
Are your entire property/assets self-acquired by you? Did she contribute to acquire any assets? Is she a joint-owner in any of the assets?
Did she bring any Streedhan?
Hi Sreekanth,
My father has passed away 20 yrs back. Further 3 years back my mother has transferred her share in the house to her younger son without knowing anything about will. Now we have come to know to about will which is on plain paper and signed by my father and 2 witness as well.in which he has transferred the property fully to my mother. Can we use this will to transfer the property to son fully.
Dear Sreekanth. Please advice me. I am USA citizen, My Mom and Dad and my brother are USA citizen but my sister is India citizen. (total 3 siblings). My dad have assets in both countries. how can he make will? does he require to make 2 separate will for each country? is it valid if he write a will on plain paper ? please explain. thank you.
Dear Bela,
I am not very sure about the rules, guidelines and regulations pertaining to the Estate planning @ USA.
Ideally, a Will for the Indian properties should be made separately and should never be clubbed with the properties overseas
A WILL can be prepared by an NRI and can then be notarized with witnesses while the NRI is not in India.
The will can then be Registered when he/she makes a visit to India (though the registration of Will is not mandatory).
i lost my mother in 1983. i was 16 years then. now i want to claim her maternal property as i'm bankrupt and has no other option. but my maternal uncle is not ready to share, it is a almost 50 lacs worth property which be
ones to my mother. am i eligible and can claim through court?
Dear Asha,
Yes, as a legal heir you have the right to claim the property.
You may consult a civil lawyer in this regard.
Did your mother leave any written WILL?
Related article : Nominee Vs Legal Heir : Who will inherit (or) own your Assets? | Importance of WILL
Dear Malisha ji,
Not mandatory.
But in case you are planning to get Gift Deed and also Draft WILL, advisable to consult a trusted civil lawyer.
Dear Sreekanth. Please advice me..I have two sons. We bought a house in the name of elder son and me. But my husband paid most of the money and little we had to borrow from the bank which my elder son was paying and sometimes we paid the EMI. The share certificate is in both out names. Can I give my share of the flat to my younger son? My husband is alive and has a property of his own. Thanks.
Dear Malisha ji,
Yes, you can GIFT your share of ownership in the property to your Younger Son.
Can execute a Gift Deed in his name and then can get his name included in the Share certificate (Society).
Related articles :
* 5 ways of transferring your Immovable (or) Real Estate Property
* Got a Gift? Find out, if it is Taxable or Tax-free?
Dear Sreekanth, My husband passed away recently and we were abroad when it happened. I want to write a will right away just in case something happens. Can I use your format to do this even though I am abroad currently? Do I need to go to a consulate and get it attested or something? I really appreciate all and any help. Thanks. Mary
Dear Mary ji,
Sorry to hear about your loss of your Husband!
May I know your Residential Status? If the properties (Assets) are held across different countries??
Dear Sreenivasaiah,
Hey Thanks for sharing this valuable information with us. I really love to read your content regularly on Your Blog.