Sample Will
I, _____________, aged ___ years, S/O ______________, resident of House No.
______, Sector ____ District________ State ________ do hereby make and
declare my this WILL, in a sound and disposing state of mind, with my own
free will and consent, without any undue pressure or influence of anybody
and with my full senses as under:-
That at present, I am residing with my wife Mrs. ______________, both my sons
namely Mr. ______________and Mr. ______________along with their families at
the above said address.
I am executing this WILL with the motive that the disputes and differences
may not arise among my legal heirs after my death in respect of my assets
and properties.
I state that I am the sole owner in possession of House No. ______, Sector ____
District________ State _______. Besides this I am also having two saving banks
accounts in (Bank name), Sector ____ District________ State ________and
(Bank name), Sector ______District________ State________, and a locker with
(Bank name), Sector ______District________ State________.
That by virtue of this WILL, I bequeath my above said House No. ______,
Sector ____ District________ State ________ and money and articles lying
deposited in above said two saving bank accounts and one locker in favour
of my wife Mrs. ________ who is residing with me at House No. ______, Sector
____ District________ State ________ .
That in case my wife Mrs. ________ predeceased me, in that eventuality, my
above said property i.e. House No. ______, Sector ____ District________ State
________ shall devolve in equal share to both my sons namely Mr. ____ and
Mr. ____ who are also residing with me. Thus both my sons shall become the
absolute owners of House No. ______, Sector ____ District________ State
________ to the extent of ½ share each and will also become entitled for the
money and articles lying deposited in the above said bank accounts and
locker in equal share after my death.
In case my wife Mrs. ________ predeceased me both my sons namely Mr.
________ and Mr. ________ shall inherit the above said properties in equal
shares on the basis of this Will and they will be having all rights, title and
interest in my aforesaid properties as I am having at present.
In case I acquire any movable or immovable properties in future, the same
shall also be inherited by my wife and in case my wife predeceases me then
both my sons Mr. ________ and Mr. ________ will inherit that property in
equal share.
Appointment of an Executor
I appoint Mr./Mrs. __________, R/o ________________ to be the sole executor of
my Will but if he/she predeceases me or is unable or unwilling to act as my
Executor, then Mr./Mrs. __________, R/o ________________ shall be appointed
on his/her behalf.
No individual acting as an Executor under this Will will be required to give
any security for the performance of his or her duties notwithstanding the
laws of any country or other jurisdiction to the contrary.
Powers of my Executor
To carry out the terms of my Will, I give my Executor the following duties and
powers with respect to my estate:
To pay my legally enforceable debts, funeral expenses and all
expenses in connection with the administration of my estate and trusts
created by my Will as soon as convenient after my death. If any of the
real property devised in my Wills remains subject to a mortgage at the
time of my death, then I direct that the devisee taking that mortgaged
property will take the property subject to that mortgage and that the
devisee will not be entitled to have the mortgage paid out or resolved
from the remaining assets of the residue of my estate;
To take all legal actions to have the probate of my Will completed as
quickly and simply as possible, if required by law, or if deemed
necessary by the Executor, under the laws of India;
To retain, exchange, insure, repair improve, sell or dispose of or any
and all personal property belonging to my estate as specified in this
will, and if not specifically specified as my Executor deems advisable
without liability for loss or depreciation;
To invest, manage, lease, rent, exchange, mortgage, sell, dispose of or
give options without being limited to term and to insure, repair,
improve, or add to or otherwise deal with any and all real property
belonging to my estate as specified in this will;
To purchase, maintain, convert and liquidate investments or securities,
and to vote stock, or exercise any option concerning any investments
or securities without liability for loss;
To open or close bank accounts;
To maintain, continue, dissolve, change or sell any business which is
part of my estate, or to purchase any business if deemed necessary or
beneficial to my estate by me Executor;
To maintain, settle, abandon, sue or defend, or otherwise deal with any
lawsuit against my estate;
To employ any lawyer, accountant or other professionals; and
Except as otherwise provided in this Will, to act as my Trustee by
holding in trust the share of any minor beneficiary, and to keep such
share invested, pay the income or capital or as much of either or both
as my Executor considers available for the maintenance, education,
advancement or benefit of such minor beneficiary and to pay or
transfer the capital of such share or the amount remaining of that
share to such beneficiary when he or she reaches the age of majority
or, during the minority of such beneficiary, to pay or transfer such
share to any parent or guardian of such beneficiary subject to like
conditions and the receipt of any such parent or guardian discharges
my Executor.
The above authority and powers granted to my Executor are in addition to
any powers and elective rights conferred by provincial/territorial or federal
law or by any other provision of this Will and me be exercised as often as
required and without application to or approval by any court.
Compensation of Executor
My Executor shall be entitled to charge and be paid all usual professional
fees or other charges for business transacted, time expended and acts done
by my Executor or my Executor’s in connection with the administration of my
estate and the trusts of this my Will, including acts which a Trustee not being
in any professional or business could have done personally.
Key terms
By virtue of this will, I want to make it clear that I will remain the absolute
owner of all my aforesaid assets and properties till I am alive. After my
death, my aforesaid properties shall be inherited in the manner as
mentioned above.
That I am executing this WILL with my free wish and consent and without
any influence, pressure or coercion from anybody.
This is my first and the last WILL in respect of my aforesaid properties and if
anybody sets any claim on the basis of any other document other than the
present WILL, then the same shall be considered as illegal, null and void and
the same shall not be sustainable.
In witness whereof, after reading and understanding its contents and after
finding the same to be correct, I have set my hands on this deed at ________
on this ___ day of ________ 20___ in the presence of the following witnesses.
WITNESS NO. 1
TESTATOR
WITNESS NO.2
