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.’
Important Sections in a Will:
- Personal Details – You have to state your name, father’s name, residential address, Date of Birth etc.,
- Declaration of Date – It is very important to clearly mention the date of preparing your Will.
- Validate Free Will – You can mention that you are not under any influence and you are not forced to prepare this Will by any person.
- Provide Executor’s Details – Executor is the person who will implement/execute your Will. Hence, clearly mention his/her name, address, your relationship with him/her, age etc.,
- Details of Assets & Beneficiaries – This is a very important section. List all immovable properties with clear addresses. Mention the movable assets like bank deposits, insurance, units of mutual funds etc., Mention the name of beneficiary(ies) for each asset. (For Mutual Funds – mention the Folio no’s)
- Signature – Sign the Will after mentioning the above details
- Signature of Witnesses – You have to get the Will attested by minimum two witnesses. Make sure that they mention their father’s names and addresses.
Latest Article : Nominee, Legal Heir & Beneficiary – Are they one and the same?
Sample Draft Will / Sample Will Template
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.
Continue reading :
- Nominee Vs Legal Heir : Who will inherit (or) own your Assets? | Importance of WILL
- What is Ancestral Property? | Definition & Important Legal rules
- Leaving A Mark Before That Final Journey: The Last Will & Testament
- What is Streedhan? – Meaning & Constituents | How can Women protect it?
- Can a Mortgaged property be Gifted, Willed or Inherited?
- Five ways of transferring your Immovable (or) Real Estate Property
(Reference “Wills & Succession Planning” by R N Lakhotia, Image courtesy of Mister GC at FreeDigitalPhotos.net)
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Is it necessary to name an ‘executor’ for a will? Can we mention the beneficiary himself as an executor?
Can a will be hand written.
Has the will to be necessarily registered, including hand written.
How many original copies of the will should be made and where all to keep them ie banks, etc.
Dear Chander ji,
Registration of Will is not mandatory.
Ideally, the Will should be made in as many copies as the number of beneficiaries. For example, if there are three beneficiaries the testator should hand over an original copy of the Will to each of the three beneficiaries. In such a case, it should be mentioned in the Will that “This Will has been prepared in three copies. Each copy is original and bears equal weight. Each beneficiary is being handed over a copy of the Will immediately after execution.”
Hand over self-certified copies of the Registered Will (if any) to all banks where the testator has accounts, lockers etc. iv. Hand over self-certified copies of the Registered Will to more than one friend, family member etc.
I reside in a society building with my parents and wife at Churchgate, Mumbai. My aged parents are the owners of the flat and garage (now converted into office) jointly. I am the only son and my parents have added me as a 100% nominee with society. My question is after their demise, will the flat & garage automatically be transferred in my name by society after the due process. What will be the process? Do i need to prepare a will and get the same probated to transfer the property in my name? Or will getting into a Gift Deed now itself would be a better option? Is a will or a gift deed required to transfer the property after demise of my parents or the same can be done by society without it? I do not want to pay 3% stamp duty + 1 % metro cess for probate of will or gift deed. It does not make sense to shell out so much expense for my parents flat. Please advise.
Dear DK,
Considering your preference and profile, you can get a simple Written WILL done by your parents.
Kindly note that the registration of will is not mandatory.
As you are the sole legal heir, you can submit the WILL and necessary proofs (in future) to the society and get your name registered with them (society).
Related article :
1- Sale of Inherited (or) Gifted Property & Tax implications on Capital Gains
2 – 10 Important Things to do after buying a Real Estate Property
If my father has registered a will before his death and has appointed me as heir to the bank account and fixed deposit and heir to the house then can the bank validate this registered will or not?
If the Registered Will is last and no other will post dated to this registered will exists, the Bank concerned will validate.
Dear Sreekanthajee.
We have three immovable properties in joint names without specifying our shares. We also have investments in FDs and mutual funds. We have two children, both married. We want to give one immovable property to our son and everything else to our daughter through will because the son is quite well off. Can we write a joint conditional joint will that the survivor will retain authority to modify or rewrite the will if necessary. Or we should write two separate single or joint wills specifying share of each as above. Thanks. Ghansham Dass.
Dear Ghansham,
You can mention all the details in a Single Will.
Suggest you to kindly consult a civil lawyer and get this drafted..
Suggest you to kindly go through this article : Nominee Vs Legal Heir : Who will inherit (or) own your Assets? | Importance of WILL