How to write a WILL & Sample WILL

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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

• Have made nominations against my fixed deposits with 3 of my children. And in the Will mentioned against each that the he/she would act as nominee and also the sole beneficiary

  Is this ok.

  Joint account in the bank. Is there any necessity to comment on this.As the joint holder automatically becomes the sole operater. Do I have to mention anything in my Will

  • Dear Prem,
    Suggest you to kindly go through this article : Nominee Vs Legal Heir : Who will inherit (or) own your Assets? | Importance of WILL

• Just one advise, Shri/Smt is never prefixed with Testator/Testatrix name. Rather, one can not prefix Shri/Smt with one's own name in any writing.

• Is it not necessary for a medical certificate to be attached to the will.

  • Dear Sandeep,
    It is not necessary.
    There is no requirement under the law to obtain a certificate from a doctor at the time of making a Will.

    However, since Section 59 of the Indian Succession Act 1925, inter alia, requires that the person making his/her Will should be of sound mind, as a precaution against challenges to the Will on the ground that the testator/testatrix was not of sound mind at the time when drawing up the Will, sometimes (and especially when the person executing the Will is a senior citizen), a certificate of a doctor is obtained certifying the state of mind of the testator

• sir myself and my aunt ( father's sister ) purchased house jointly . My aunty doesn't have any children and her husband expired few years back. As she is old aged is it better option to make WILL deed for transfer of her share in property to me after her death. kindly suggest. thanks

  • Dear vasu,
    If she wishes so then kindly get the WILL done.

    Related article :
    5 ways of transferring your Immovable (or) Real Estate Property

• My wife and myself are owning shares in Demat account jointly and we have nominated our children as nominees. Likwise we have invested in Mutual Funds with joint names with children as nominees.
  1.Whether the shares automatically goes to the survivor or not. Can nominees object to that.
  2.If in the Will, it is mentioned that the shares should go to the spouse on other persons death and whatever remains after the death of the survivor, the balance should go to children(nominees). Whether is it ok and Will is valid.

  • Dear Hariharan,

    For transmission of shares the successor/ ultimate beneficiary have to make an application to the Company Secretary of that particular company attaching following details.

    - Death Certificate
    - Succession certificate/ Probate of will
    - NOC from other legal heirs and
    other formalities as suggested by company secretary.