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Legal Will Drafts for Indian Families
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General Draft of Last Will and Testament executed by a Father or Mother in favour of their only son and only daughter (where the Testator has one son and one daughter and no other children).
LAST WILL AND TESTAMENT
This Last Will and Testament is made and executed at ____________ on this ___ day of ____, 20, by me, Mr./Mrs. [Full Name], aged approximately ___ years, (holder of Aadhaar No._/PAN No.__/Passport No. ____________, issued on ____________ at ____________), son/wife of Mr. [Father/Husband's Full Name], presently residing at [Full Residential Address], hereinafter referred to as the “Testator”
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 properties mentioned therein. I further declare that this Will shall be my sole, valid, and binding Last Will and Testament.
3. I am the Father/Mother of the following children:
(i) Son: Mr. [Son’s Full Name], (holder of Aadhaar No.___/PAN No./Passport No. ____________, issued on ____________ at ____________), residing at [Address].
(ii) Daughter: Ms./Mrs. [Daughter’s Full Name], (holder of Aadhaar No.___/PAN No./Passport No. ____________, issued on ____________ at ____________), residing at [Address].
4. I declare that I am the absolute and exclusive owner of various self-acquired movable and immovable properties held solely in my name (hereinafter collectively referred to as the “Said Properties”). These include but are not limited to:
– Residential House
– Residential Plot(s)
– Office/Commercial Space(s)
– Shop(s)
– Apartments
– Industrial/Commercial Property(ies)
– Agricultural Land(s)
– 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)
5. I declare and Will as under:
(i) That upon my demise, the Said Properties shall stand vested in and shall devolve absolutely and equally, in equal shares, upon my son named above and my daughter named above, each receiving a 50% share, to the exclusion of all my other legal heirs and/or claimants.
(ii) That in the event either my son or my daughter named above predeceases me, then the respective share of such deceased child shall vest in and devolve equally and absolutely upon his or her legal heirs, to the exclusion of all my other legal heirs and/or claimants.
6. I further declare that any movable or immovable properties acquired by me or to which I may be entitled subsequent to the execution of this Will and standing in my name at the time of my demise shall also vest in and devolve equally upon my son and daughter named above, each receiving a 50% share as provided in Clause 5(i), to the exclusion of all my other legal heirs and/or claimants. In the event of the predecease of either my son or my daughter, such property shall vest in and devolve upon his or her respective legal heirs in accordance with Clause 5(ii), to the exclusion of all 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, 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 fully capable of understanding the nature and implications of this Will.
(v) That the contents of this Will have been read over and explained to me in a language I understand, and I have fully understood and approved them in accordance with my true 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 partly across the photograph and partly on the paper)
Testator: _________________________
10. We, the undersigned, do hereby affirm that the Testator executed this Will in our joint presence and appeared to us to be of sound mind and understanding, and that the Testator signed this Will willingly and without any duress. We sign this Will in the presence of the Testator and in the presence of each other.
Witness 1
Name: _________________________
S/W/D/o: __________________________
Aadhaar No: ________________________
PAN No: ___________________________
Passport No: __________ (Issued on _____ at _______)
Address: ___________________________
Signature: _________________________
Witness 2
Name: _________________________
S/W/D/o: __________________________
Aadhaar No: ________________________
PAN No: ___________________________
Passport No: __________ (Issued on ______ at _______)
Address: ___________________________
Signature: _________________________