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Key Wills Judgement

Specific Draft of Last Will and Testament executed by a Wife in favour of her Husband to the exclusion of all other legal heirs.

Specific Draft of Last Will and Testament executed by a Wife in favour of her Husband to the exclusion of all other legal heirs.

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Specific Draft of Last Will and Testament executed by a Wife in favour of her Husband to the exclusion of all other legal heirs.

 

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LAST WILL AND TESTAMENT

 

This Last Will and Testament is made and executed on this ___ day of ________, 20, at , by me namely Mrs. [Full Name], aged approximately ___ years, (holder of Aadhaar No./PAN No._/Passport No. ____________, issued on ____________ at ____________), daughter/wife of Mr. [Father/Husband's Full Name], presently residing at [Full Residential Address] (hereinafter referred to as the “Testator”, which expression shall, unless repugnant to the context, include my legal representatives).

 

1.         That since life is inherently uncertain, I, the Testator, consider it prudent and necessary to execute this Last Will and Testament of mine (hereinafter referred to as the “Will”).

 

2.         I hereby revoke, cancel, and annul all my previous Wills, codicils, and any other testamentary dispositions executed by me, if any, in respect of all my properties mentioned therein. I further declare that this Will shall be my sole, valid, and binding Last Will and Testament.

 

3.         I am lawfully wedded to Mr. [Husband’s Full Name], aged approximately ___ years, (holder of Aadhaar No.___/PAN No./Passport No. ____________, issued on ____________ at ____________).

 

4.         I am the absolute and exclusive owner of the following self-acquired movable and immovable assets (hereinafter collectively referred to as the “Said Properties”), which are more particularly described in Annexure-A appended hereto:

 

(i)        *Movable Assets:

—        Equity Share(s)/Security(ies)/Mutual Fund(s)

—        Bank Account(s)

—        Fixed Deposit(s)

—        Other movable assets such as Vehicle(s), Jewellery, Artwork(s), Painting(s), Royalty(ies), and others

(*Delete whichever is not applicable)

 

(ii)       *Immovable Assets:

—        Residential House

—        Residential Plot(s)

—        Office/Commercial Space(s)

—        Shop(s)

—        Apartments

—        Industrial/Commercial Property(ies)

—        Agricultural Land(s)

(*Delete whichever is not applicable)

 

5.         I declare and Will as under:

(i).        That upon my demise, I hereby devolve upon and bequeath the Said Properties absolutely and exclusively unto my husband, Mr. [Husband’s Full Name], to the exclusion of all my other legal heirs and/or claimants.

 

(ii).       That in the event my husband named above predeceases me, then I direct that the Said Properties shall devolve upon and be inherited equally, in equal shares, by the legal heirs of my said husband, to the exclusion of all my other legal heirs and/or claimants.

 

6.         I further declare that any movable or immovable properties that I may acquire and/or to which I may become entitled after the execution of this Will, and which I may hold at the time of my demise, shall also vest absolutely and shall devolve upon my husband, Mr. [Husband’s Full Name]. Should my husband predecease me, such after-acquired properties shall devolve upon and be inherited equally, in equal shares, by the legal heirs of my said husband, to the exclusion of my other legal heirs and/or claimants.

 

7(i).      I hereby nominate and appoint Mr./Ms./Mrs. [Full Name], S/o/D/o/W/o Mr. [Name], (holder of Aadhaar No._/PAN No./Passport No. _______, issued on ____________ at ________), resident of ________________, OR Mr./Ms./Mrs. [Full Name], S/o/D/o/W/o Mr. [Name], (holder of Aadhaar No./PAN No./Passport No. ____________, issued on ____________ at ____________), resident of ____________________, as the Executor/Executrix of this Will.

 

(ii).       I further declare that the Executor/Executrix shall be authorized to administer and manage the Said Properties and to obtain probate if necessary, without furnishing any security. He/she shall also have the discretion to appoint a substitute Executor/Executrix of this Will, if deemed necessary.

 

8.         I finally declare and affirm as under:

(i).        That this Will is my final and binding testamentary instrument and governs all my movable and immovable properties.

(ii).       That I am executing this Will voluntarily and of my own free will and volition, without any coercion, force, fraud, undue influence, or inducement from any person or entity.

(iii).      That I am of sound mind, memory, and in a fit mental and physical condition.

(iv).     That I am capable of understanding the implications of this Will.

(v).      That the contents of this Will have been read over and explained to me in the language I understand, and I have fully understood and approved the same as per my intent.

(vi).     That I have affixed my signature/thumb impression on this Will in full knowledge and understanding.

 

9.         IN WITNESS WHEREOF, I, the Testator, have set my hand and subscribed to this Last Will and Testament at _____________ on this ___ day of _________, 20, in the presence of the undersigned witnesses who have attested this Will in my presence and in the presence of each other.

 

Affix Photograph of Testator

           

 

 

 

 

 

 

            XXX

(Signature/Thumb Impression separately at XXX and also separately partly across photograph and partly on paper)

Testator: _________________________

 

10.       We, the undersigned, do hereby affirm that the Testator executed this Will in our joint presence, and the Testator appeared to be of sound mind and full understanding, and that the Testator signed this Will willingly and without any duress. We, in turn, sign the said Will in the presence of the Testator and of each other.

 

1.         Name: _________________________

S/W/D/o: __________________________

Aadhaar No. ___________

PAN No. ___________

Passport No: __________ (Issued on _______ at ______)

Address: ___________________________

Signature: _______________________

 

2.         Name: _________________________

S/W/D/o: __________________________

Aadhaar No. ___________

PAN No. ___________

Passport No: __________ (Issued on _______ at ______)

Address: ___________________________

Signature: _______________________

 

Annexure-A

Detailed schedule of all Movable and Immovable Properties

 

*A: Movable Properties

1.         Equity Share(s)/Security(ies)/Mutual Fund(s):

(a)

(b)

(c)

(d)

 

2.         Bank Account(s):

(a)

(b)

(c)

(d)

 

3.         Fixed Deposit(s):

(a)

(b)

(c)

(d)

 

4.         Other Movable Assets:

(a)        Vehicle(s)

(b)        Jewellery

(c)        Artwork(s)

(d)       Painting(s)

(e)        Royalty(ies)

(f)        Others

            (*Delete whichever is not applicable)

 

*B: Immovable Properties:

1.         Residential House(s)

(a)

(b)

(c)

(d)

 

2.         Residential Plot(s)

(a)

(b)

(c)

(d)

 

3.         Apartment(s)

(a)

(b)

(c)

(d)

 

4.         Office/ Commercial Space(s)

(a)

(b)

(c)

(d)

 

5.         Shop(s)

(a)

(b)

(c)

(d)

 

6.         Industrial/Commercial Property(ies)

(a)

(b)

(c)

(d)

 

7.         Agricultural Land(s)

(a)

(b)

(c)

(d)

(*Delete whichever is not applicable)

 

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