How to write a WILL & Sample WILL

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• Dear Sir,
  self and wife both are working and acquired properties separately and jointly. Also have separate parental properties. can we make a joint WILL. Thanks

  • Dear Samuel,
    You can write..but based on the provided info, I believe that separate WILLs can be a better way ..Kindly consult a civil lawyer.

• This is nice article you shared great information i have read it thanks for giving such a wonderful Blog for reader.

• 1.My wife and i hold all our investment as well as the residential house Jointly . Is it possible to prepare a joint will and notarize the same without an executor.

  2. Is it possible to create an addendum to it , if required at a later date to be considered a part of the will , as above prepared earlier.

  • Dear Mr Mukherjee,

    Any two persons are entitled to make a joint will however a joint will is valid only if it is made by two persons who are related to each other or have joint ownership or are joint beneficiaries of any trust. A joint will is perfectly valid under all personal laws.

    Related article : Law Of Joint Will Indian Personal Law Context

    Adding an addendum to a will requires a document called a codicil. If drafted appropriately, the codicil will be considered a part of the will and read alongside the original document when the estate is probated.

    Kindly read : What is Codicil? How is it executed?

    Suggest you to consult a civil lawyer as well.

• Sir, I have purchased a property by investing 100 percent , but regt doc have my and wife name . My wife is house wife . Can I make WILL for 100 percent property without involving wife? As I want to give to son but she want to give daughter.

  • Dear Mr Rawat,
    As the property is registered in joint names, both of you have equal ownership (unless the ownership share is specifically mentioned). So, you can not make a WILL on the entire property.

    Related articles :
    * Leaving A Mark Before That Final Journey: The Last Will & Testament
    * Nominee Vs Legal Heir : Who will inherit (or) own your Assets? | Importance of WILL

• Hi Sreekanth, We have property jointly owned by my wife and me. We want to will it to our daughter. Do we need to make 2 separate wills or can we make a joint will? Are there any draft or sample wills available that we can prepare our self as we live outside India? Any information you can provide would be much appreciated.

  Thank you

  • Dear Manoj,
    If you are writing a joint will only for this co-owned property then you may go ahead and make a joint WILL.
    But, if you are including other Assets then you may consider making separate WILLs.

    You may use online WILL drafting services in India.

    • Hi Sreekanth

      Thank you.

• Can A Catholic wife and Hindu husband make a joint Will

  • Dear Chetana,
    Yes, can make a WILL.
    WILL supersedes all laws, rules and regulations.

    Related article : Nominee Vs Legal Heir : Who will inherit (or) own your Assets? | Importance of WILL

    • Thank You very much for the prompt reply Sir.

• - A land measuring 6000 sq ft divided into 02 plots is in the name of mine and wife name. can i alone write WILL separately ?
  - Can WILL be registered in one state if property situated in 02 states?

  • Dear Mr Rawat,
    1 - After the bifurcation of land, are the two plots owned by you separately? Or both of the plots are jointly owned?
    2 - Yes, can be registered. But, to make things easy, it is ideal to get it registered in the same location (Sub-Registrar office).

    • Both plots are in joint name.

• I jointly own a flat with my wife. I understand that in the event of death of either of us, the ownership of the flat will pass on to the surviving spouse, even if there is no specific mention about it in the will.

  I want to make a provision in my will such that in the event of both of us (myself and wife) perish in an accident at the same time, I want that the ownership of property passes on to my daughter who is still not an adult.

  How do I make such a provision in my will.

  • Dear Sandeep,
    You can mention the same in your WILL, giving the ownership rights to your Daughter and can appoint a guardian (executor) till she becomes a major.

    You may take help of Online writing service provider help or get this done through a lawyer..

• Hi Sree,

  Do you know what stamp paper value is required for will? Also can we get it drafted by a notary and get it registered on our own.

  Nancy

  • Dear Nancy,
    Actually, the WILL can be written on a piece of white paper as well.
    If you are planning to go for a Registered WILL then kindly visit the concerned local Sub-Registrar office, they will guide you.
    Also, visit your State Govt's Registration/Revenue Dept portal to know the fee details.
    Generally the WILL/Gift deed registration fees are nominal in most of the States..

    • Thank you Sree :)

• Dear Sreekanth,

  My father who passed away a couple of years ago has written three separate Wills for three different properties for three different beneficiaries, registered on the same day (instead of listing all in a single will). Are all these still valid? Can each beneficiary apply for a probate with their own documents?

  Thanks for your reply.

  • Dear Aku,
    I believe these WILLS can be considered as valid ones.
    Suggest you to also consult a civil lawyer.

    • Thank you Sreekanth. I did contact a lawyer and he was telling me that all listings/properties should be in one Will mentioned as Schedule A, Schedule B and Schedule C and hence the Will(s) written by my dad are all invalid except for the last one (though all were written on a same day, same time). I was doubtful with his theory and hence looking for a right answer through different sources.

      • Dear Aku,
        Yes, there is no clear-cut answer to this scenario.
        You may go through below links, can be useful -
        Link -1
        Link - 2
        Link - 3

        • Thanks Sreekanth. Yes, I have seen these mixed responses too. I don't know where to go from here. I will keep investigating. Thanks again for your kind help!