Making a will: Precautions
this is continuation of yesterday’s column…
Precautions to be taken
- Clarity: All the wordings must be clear.
In case of beneficiaries their a) Names b) Age c) Name and address proof like Aadhar d) Your relationship with beneficiary etc. must be clearly mentioned.
In case of Property the complete details of the property along with a stamped latest copy of ownership proof should be attached along with the Will.
The full details and percentage of every property that you desire to give the particular beneficiary must be mentioned. Dates and amounts should always be mentioned in words.
- Either Printed or Handwritten: Every page should be serially numbered on the top as well as bottom. Every page must be signed by the testator just before the last line. There should be nothing in writing on a printed will and nothing should be typed or printed below the signature. Else it would make the Will invalid.
In case of hand written will, the testator needs to write in his own handwriting. This will is also valid. However, avoid using different inks or different handwritings which may lead to a suspicion.
- No Ambiguity: The wordings of the will must be in integrity. Confusing, ambiguous or meaning less and unnecessary words must be avoided. Keep the Will to the point. Multiple beneficiaries in same property without mentioning share will make the Will Void and Invalid.
Sample Draft Will / Sample Will Template
Below is the sample Will format:
I, Shri/Smt ………………….. son/daughter/wife of Shri ……………..,resident of …………………., by religion………….., do hereby revoke all my previous Wills (or) Codicils and declare that this is my last Will, which I make on this …….(Date)………………… My Date of Birth is ………….
I declare that I am in good health and possess a sound mind. This Will is made by me without any persuasion or coercion and out of my own independent decision only.
I appoint Shri………………….. Son/daughter of ……………, resident of …………. to be the executor of this Will. In the event Shri…………… were to predecease me, then Shri……………., will be the executor of this Will.
I bequeath the following assets to my Wife Smt……………..
- My house located at………(address)………
- Bank balance of my savings account no…………………..with ……………(bank name & bank address)………
- My Bank fixed deposits in …….(bank name)…..bearing ……..(FD receipt nos)……..
- The proceeds of my Term insurance policy ….(Policy no)……, from…….(insurance company name)………
- The contents of bank locker no………, with bank…………, bank address……………
I bequeath the following assets to my son Shri……………
- Residential Plot no…….., located at…………….
- My car with registration no……….
- My mutual fund investments with folio numbers…………………..
- Any other asset not mentioned in this Will but of which I am the owner.
All the above assets are owned by me. No one else has rights on these properties.
Signature of Testator
Witnesses
We hereby attest that this Will has been signed by Shri………….as his last Will at ………(Place)……… in the joint presence of himself and us. The testator is in sound mind and made this Will without any coercion.
Signature of Witness (1) Signature of Witness (2)
The above draft is just a sample Will. Kindly remember that there is no standard proforma or format for drafting a Will. It is always better to write an exhaustive Will. You may consult a Legal expert (or) consider utilizing the services of online Will writing providers.