Template of will

You may also get this confirmed with a civil lawyer. I am 65 years old. I am having flat in my name, bank FDs and equity shares. Accordingly, my father appointed his three sons as Sebaits only after his death and I am the eldest son. Now I want my only son to step into my shoes after my death with conditions since my son does not stay with me for long. I do not want to divulge in my family.

How shall I cover this. Dear Manoj Ji.. Kindly consult a civil lawyer and get your WILL drafted. It is advisable to take help of an expert in your case. Can my mother write a will in favour of my elder brother or his son we are 2 sons for the properties registered in her name.

The properties in her name are acquired by selling my dads ancestral property when my dad was alive. Currently my dad has expired and I want to know if my mom can make a will favouring only my brotehr or his son. Dear Navaneethan.. She can write a WILL on ancestral property but it can be limited to her share in the property as it is an ancestral property. An ancestral property can not be passed on totally.

Thanks a lot for ur response. Have a great day. I am unmarried and bought a house from my own saving in MY friend was with me right from the purchase of plot, construction and thereafter.

We are of same age and retired teachers from a private school. I want my friend to live in the house until her death and then my niece can take the legal rights of the house. Dear Irene.. It is possible to include this scenario in your WILL. Hello, 1 should a reason be given why all the assets are being left to only one child out of three? Dear Naresh, 1 — I believe that it is not required. Is this your contention?

If so, then does this fixed deposit in joint names need not be mentioned in his WILL since the money in this deposit automatically belongs to the other joint holders?

Naresh Arora. But kindly note that, a WILL can still supersede the nominations or beneficiary list w. The nominee will only be the custodian of the asset till it is given to its beneficiary. To ensure the nominee becomes the final beneficiary, you have to ensure there is a will to bequeath your wealth in a hassle- free manner.

Firstly thank you soo much for such an informative article. I have been reading about this all over the internet and its all so confusing. I actually needed a clarification, as i was reading in another blog, that when the testator of a will signs the will, this must be done in the presence of 2 witnesses and they should have seen the testator sign or affix his mark to the will.

Is this correct and can you confirm the same for me? Dear Mr. Srikanth Your effort to help prepare a Deed Document is commendable. I have two doubts; firstly, my wife and I have a property on a registered lease deed. Can we include it in our Joint Will or not? Secondly, can we include certain conditions in the joint will; for instance, a fixed amount of interest FD should be sent exclusively to a charitable institution which has already been initiated or not?

With regards, Dr. In case of leasehold property, so long as lease does not expire, the bequest is effective. If the lease expires during the lifetime of a testator, no bequest is made. However, the same is not the case with a Freehold property. I suggest conversion of property into a freehold property after the payment of requisite fees, which would entitle you to bequeath the property by way of a joint will.

Dear Mr Sreekanth It really is a laudable effort you have been making. I have seen many confusing narratives about the will. I have a query too: I have some properties jointly with my wife an some others in my single name. Also, I have ancestral property which is in my name. My query is: Can we deal with all these in a joint will or need separate ones? Any other format which will simply these issues?

Thanks and regards. My suggestion would be to take Professional help. But she passed away about 10 years back. Grandmother has 4 kids and she left a will registered that both the properties should be given to only 1 person A out of 4.

Now A wants to draft his own will. Is it possible? Jurisdiction: Delhi, India, Hindu. To make it more clear above, the two properties were originally bought by grandfather.

Grandfather passed away, and then properties owner name changed to grandmother name. Dear Ankur, I believe that the WILL supersedes inheritance laws, but only for the property which is solely owned by the deceased. Do consult a legal expert on this. Dear sreekanth Reddy your services to the needy through online is helpful. A person has written a will naming the executors as his grand sons for the inherited ancestral property. Now can the grand sons of the will writer have any right to claim the property from the purchaser present owner of the property.

I believe that grand-sons can claim their share in the property based on the WILL. But kindly note that I am not a legal expert, hence suggest you to consult a lawyer and take a legal opinion on this. I have gone thru all your advise given to others in their needs, but I am really grateful to you for the simple service you render to humanity, God Bless you, keep doing the good work and help the needy. I and my husband nominated each other for our Shares Demat accounts, FDs etc.

Further we have Bank accounts payable to Either or Survivor of us. We also have independant residential properties. Now, we want to execute a joint will stipulating that though we nominated each other for our Share Demat Accounts, the survivor of us can only enjoy the interest portion on FDs and proceeds of Shares to be kept as FDs. We want to execute a joint will bequeathing different Properties and amounts of FDs for our son, daughter and grand children. Can we do that? Is there a provision to nominate successive nominees for Bank Deposits?

Dear Kumari, As per legal Experts ; a nominee is merely a trustee, who must distribute the assets to the legal heirs named in a will, or as per succession laws. However, there are some investments, like company shares, where the provisions of the respective Acts override those of succession laws.

Legal hiers will have rights on these investment proceeds. So, suggest you to consult a legal expert and get your WILL drafted. My father has suddenly been diagnosed with terminal cancer and has no previous will. I believe WILL is an important document and these services are generally available at a very nominal cost. Pl advise on: 1. In some cases, the original document share certificate is not handy and, I may become aware of its existence when a dividend warrant or some communication from that company is received.

Dear Suresh, 1 — Yes, can be named. Sreekanth, you are doing a wonderful job. Aprreciate your efforts of taking out time and guiding us. Thank you Mr Sreekanth for your prompt reply to my earlier query. I have a few more questions. Dear vijayan, 1 — Yes. You can mention the names and the conditions as to when they can claim their share. While mentioning the details of Fixed deposits with banks what precaution should be taken to ensure that the subsequent renewals are also covered in the bequeathed fixed deposit.

This is necessary as some details of fixed deposit given in the will like date of maturity etc. Dear vijayan.. So, it is advisable to just mention all the deposits or balances available with a particular bank branch or bank accounts deposits linked to the bank accounts. Is self written will on the white paper by Testator valid in some situations before getting it registered. Lets assume Testator would be husband, he is intention is to share his property or savings not only to Wife and but also to his sister as sister helped economically in many situations , but after the death of Testator, Property should be in parents care, after their death only, this equal share should be done, is this possible?

Dear Gururaj.. It is valid and possible. Dear Sir, Can the witnesses be the relatives? Either of the husband or the wife? Please elaborate if they can be relatives in the eyes of law? Krishna Jog. Dear Krishna, Relatives can be witnesses.. I Lost my father in due to veazing and brian clots problem all of a sudden.

We have Property located at Chennai in his name. My mother is staying with us, we are one elder brother, me and my sister who is already married in with a son and staying with her husband and inlaws. This is okayed by my mother and brother. But my sister wants equal share and fighting for it. Pl advise what to do? Dear Srinivas.. It is better you all reach to an agreement and sort this out through a lawyer. If she decides to give up her share relinquish by accepting cash, suggest you to make this settlement through a formal document property partition and through a lawyer.

It appears that my son is more inclined towards his in laws and spends most of his money for them, probably with the influence of his better half. Out of my few immovable property, i wants to make my present grand son and future siblings of my son.

Being my only son, I wish to leave one property for his own. You can gift your properties in the name of your Grandson. Does a WILL require that the area of the property be specified? The property inherited by my mother does not specify the area, but mentions the survey number, village,etc and the house name.

The village office is refusing to transfer the property in her name since the area is not mentioned. I strongly advice all those who love mothers , they should prepare a simple will in their mother tongue and known to them properly. Great and simple guidance — do thse rquire a lawyer ratification or registration etc on stamp paper etc.? A Question? Can the will also include how the assets should be later used or disposed? Is this possible?

Thank you for your valuable guidance. The main requirements of an Executor are that they are an adult 18 years or older and that they have not been convicted of a felony. The person who is the Executor may be named as a beneficiary in the Will. People often choose someone that they are close to and that they trust, such as a spouse or one of their children, to fill this role.

One of the most important parts of a Will is the Testator naming their beneficiaries. The beneficiaries are the people who will inherit the contents of the Testator's estate , all of their belongings and property, after the Testator's death.

The Testator may make specific gifts in their Will, naming specific people to inherit specific possessions , property, or cash assets. In addition to specific gifts, the Testator will also name who will inherit the residue, or remainder, of their estate. The residue includes anything that they have not given away in a specific gift. The Testator will name beneficiaries as well as alternate beneficiaries in case the people they have initially named die before them and are therefore unable to inherit.

The Testator can name multiple people to inherit the residue of their estate and may s pecify what percentage or fraction of the estate each beneficiary will get. In addition to these three main functions of a Will, the Testator also has the option of naming a Guardian for their children who are under 18 years old in case the children's other parent is unable to care for them, setting up a trust account for their children so that their inheritance is managed by an adult known as a Trustee until the children reach a certain age, designating people who will care for their pets , and forgiving any debts that may be owed to them.

Once the Testator has completed their Will and thoroughly reviewed it to make sure that their wishes are accurately reflected, the Testator should sign and date the Will in front of three witnesses. The witnesses should also sign the will, attesting that the Testator was of sound mind and had the capacity to make these decisions when they signed the Will.

The witnesses should all be 18 years old or older and not named as a beneficiary in the Will. In addition, the Testator should number and initial the bottom of each page of the Will. Finally, the Will includes a page for a notary to notarize to add an extra level of precaution.

Once the Will has been signed and completed, it should be put somewhere for safekeeping, such as in a home safe or or a bank safety deposit box. I nominate full name …………………………………………………………………………………………………………. Special Bequests: …………………………………………………………………………………………………………………. In witness whereof I have signed this will in place ………………………………………………………………………. FREE Will Template Before you fill in your will template, please note: It is important that your will is valid and legally compliant in order for it to serve as your Last Will and Testament.

How do I change my will? What is a self-proving will? Wills By State. A pour over will is not very common. It is used in conjunction with a trust that was previously established by the same person. In most cases no. As of this writing, almost all states consider a will to be valid without notarization. However, almost all states require a will to be witnessed by two persons not named as a beneficiary in the will and not related to the person signing the will.