Will Format And Templates for India

What is a Will in India?

A will is a formal statement of a person’s intention to transfer their property to a third party, who may or may not be a legitimate heir. A person’s will becomes operative after their death. It is in the form of a document. A will can be changed or revoked whenever the maker is able to dispose of his possessions.

What is the Purpose of a Will?

Everybody who is older than eighteen ought to have a will. It’s simple. You should definitely take the time to draft a Last Will and Testament if you have any kind of assets, investments, savings or dependents.

If there is no will, the courts and state laws will determine how assets are divided. Your spouse, kids, parents or other close family members will usually be the beneficiaries of your inheritance if you die without a will.

Types of Wills

There are various legitimate and lawful will forms and the one you select will rely on a number of variables, such as the size or complexity of your inheritance.

1) Simple Will

List your assets and the people who should inherit them in a basic will. Additionally, you can name a guardian and executor for any young children.

A simple will is one that may be completed quickly and easily online with a variety of templates. Make sure you obtain whatever legal counsel you believe you require. 

2) Joint Will

One document including two parties, usually couples, is called a joint will. The other spouse, as specified in the will, is the beneficiary when one passes away. The surviving spouse cannot alter the stipulations, which could be problematic if that spouse’s situation changes.

This inflexibility has led to a decline in the use of joint wills. 

3) Testamentary Trust Will

Unlike a living trust, which takes effect during your lifetime, this will includes one or more testamentary trusts that go into effect after your death and the probate procedure. It is employed when recipients—such as young children and/or people with special needs—need specialized care over an extended length of time. After your death, all or a portion of your assets are distributed by the trust.

4) Living Will

Only your medical treatment and decision-making in the event of your incapacitation are covered by this kind of will. It is a legal document that outlines guidelines for your treatment and, among other things, when medical assistance should be discontinued.

It doesn’t address final preferences like allocating your property to dependents.

To draft a living will that is accepted by the law, you don’t need a lawyer. Actually, you can get living will forms from your state government or from medical facilities. The legal conditions for legitimate living wills vary by state. Before you create one, be sure you understand them. 

Indian Succession Act, 1925

Any Indian Hindu, Buddhist, Sikh or Jain person’s will is covered under the Indian Succession Act, 1925. This act does not bind Muslims; only Muslim law governs how they dispose of their property.

Importance of a Property Will in India

1. Avoids Family Disputes

Clearly defines the distribution of property, minimizing conflicts among heirs.

2. Legal Protection 

Ensures that the testator’s wishes are legally enforceable.

3. Tax Efficiency

Can help with effective estate planning and tax benefits.

4. Control Over Property Distribution

Allows the testator to decide who will inherit their property.

Eligibility to make a will paper

A person can make his/her will only if he/she is:

• Sound mind
• Not a minor

Only if they are able to comprehend the meaning and intent of a will can a deaf or dumb person create one. During the period when they were of sound mind, a person who is normally insane can make a will. A person cannot make a will if they are not in a sound state due to illness, intoxication or any other reason.

Key Features of a Property Will in India

• Legal Validity 

It must comply with the Indian Succession Act, 1925, to be legally enforceable.

• Written Document 

Although an oral will is permissible in certain religions, a written will is preferred for better legal standing.

• Voluntary Creation 

The will must be created voluntarily without any undue influence, coercion or fraud.

• Testator’s Capacity 

The testator should be of sound mind and at least 18 years old when making the will.

• Executor Appointment 

The will can name an executor, who ensures that the terms of the will are implemented.

• Witness Requirement

A will must be signed by the testator in the presence of at least two witnesses, who must also sign the document.

Validity and Legal Declaration

A testator must be of sound mind and free from undue influence or compulsion for their will to be deemed legitimate.

Making a will is a voluntary process and the final product must accurately represent the deceased’s intentions.

Will Amendments

Anytime during their lifetime, a testator has the right (and should) to revise or modify their will. Changes in circumstances or intentions should be reflected in subsequent wills or codicils, which are revisions to a will.

If a person creates multiple wills, the most current one usually takes precedence over the others, provided it is genuine. 

What is Property Will In India?

A Property Will in India is a legal document through which a person, known as the testator, declares their intentions regarding the distribution of their property and assets after their death. It ensures that the property is distributed according to the wishes of the deceased, reducing potential disputes among heirs and beneficiaries.

Specific Bequests and Residual Estate

Ideally, the will should include precise bequests that specify how certain assets or amounts of money are to be allocated. The residual estate, which consists of any assets not expressly bequeathed, should also be covered. 

What is a valid Will?

For a will to be deemed valid, it must meet specific standards. It is equivalent to dying without a will if the court rules that it is invalid. The prerequisites are:

• Legal Age: Legally, a person entering into a will would be mature enough to be able to make a contract. Most states accept people 18 years and over as being eligible to write a will. 
• Capacity: An individual must be of clear mind about the implications of the transaction and appreciate that he/she is preparing a will.
• Intends: People would want to write a will if they wish to make some provisions for the disposition of their properties into a revocable form from their estate in the event of death by signing and dating.
• Voluntary: An act to be taken under one’s own wish and free from being controlled by others; it is not compulsorily done.
• Disposition of Property: Divides up an estate properly since the people who will benefit from all these assets are the family and friends.
• Valid If Signed, Dated and Witnessed: A valid testament has to be signed, dated and then witnessed by others. The number of witnesses might have to follow some specifics in the law state.

What is Simple will?

A will is a testament or written document that can be used by a testator to specify how their possessions should be divided among their successors. Along with designating legal guardians for the testator’s children, particularly if they are minors, the individual creating the will may also name an executor or someone who would carry out the will’s procedures. It is a formal statement on how a person’s property will be managed and distributed after their passing. 

Consequences of no Will or Testament

It is called intestate death when a person passes away without leaving a valid will. A person’s assets and possessions will be divided in accordance with personal laws when they pass away intestate.

When a Hindu passes away intestate—that is, without leaving a will—the Hindu Succession Act of 1956 specifies how assets are to be divided. Muslims in India are governed by Mohammedan law. A Muslim’s assets should be inherited in accordance with Mohammedan law. When Christians and Parsis die without leaving a will, their possessions are divided in accordance with the Indian Succession Act of 1925.

Making a will without a lawyer in India is entirely possible and legal, as long as you adhere to the provisions of the Indian Succession Act, 1925. Below is a step-by-step guide to help you create a valid will:

Step-by-Step Guide to Creating a Will Without a Lawyer

1. Understand the Legal Requirements

Before drafting your will, ensure you meet these conditions:

• You must be 18 years or older.
• You must be of sound mind and capable of making decisions.
• The will must be made voluntarily, without coercion, fraud or undue influence.

2. Draft the Will

Write your will on plain paper. There is no specific legal format, but it must include the following details:

1. Title: Write “Last Will and Testament of [Your Name].”
2. Declaration: Declare that:
   • You are of sound mind and making the will voluntarily.
   • This will supersede any prior wills or codicils.
3. Details of the Testator:
   • Full name, address and age.
   • A statement affirming your soundness of mind and intent to make the will.
4. Appointment of Executor:
   • Name a trusted person as the executor of your will, who will ensure its implementation.
5. Details of Beneficiaries:
   • Clearly mention the names of all beneficiaries and their relationship to you.
   • Specify what portion of your property each beneficiary will receive.
6. List of Assets:
   • Include details of all assets (movable and immovable), such as:
     • Property: Land, houses, flats, etc.
     • Bank accounts: Savings, FDs, etc.
     • Investments: Shares, mutual funds, etc.
     • Personal belongings: Jewelry, vehicles, etc.
7. Special Instructions (if any):
   • Mention specific conditions, if required, for the inheritance of any property.
8. Signature and Date:
   • Sign the will and mention the date of signing.

3. Sign the Will in the Presence of Witnesses

• You must sign the will in the presence of two witnesses.
• The witnesses must:
  • Be adults (18 years or older).
  • Not be beneficiaries of the will.
  • Sign the will in your presence after you have signed it.
• Include their full names, addresses and signatures in the will.

4. Make Copies

• Make multiple copies of the will and inform trusted family members or friends about its existence and location.

5. (Optional) Register the Will

• Registration is not mandatory but is recommended for added authenticity and legal validity.
• Visit the Sub-Registrar’s Office with the original will and the witnesses.
• Pay the nominal registration fee.

Will Format in English

I, [Name of Testator],
S/o [Father’s Name]
R/o [Address]
Aged [Age] years, presently residing at [Current Address], in sound disposing mind and without any pressure from any person, do hereby make this will as my last will and testament and cancel all my previous wills and codicils to avoid any dispute or difference regarding my movable and immovable properties after my death.

I. Family Details

I am blessed with the following legal heirs:

• [List of heirs, e.g., wife, sons, daughters or any other relatives, as desired]

All my above-mentioned children are married and well-settled in their respective lives and they have taken good care of me.

II. Descriptions of Assets

I am the owner and in possession of the following movable and immovable properties:

• [Details of movable properties such as bank accounts, vehicles, jewelry, etc.]
• [Details of immovable properties such as land, house, etc.]

III. Intent and Settlement

Life is uncertain and I do not know when God will call me. Therefore, I wish to make a settlement of all my movable and immovable properties during my lifetime to avoid any difference or dispute over the sharing of my properties among my legal heirs.

So long as I am alive, I will continue to be the owner of all my properties. However, after my death, I intend the following arrangements for the distribution of my properties:

IV. Bequest and Distribution

I bequeath all my movable and immovable properties to my aforesaid legal heirs as per the following arrangement:

• [Details of how properties are to be distributed among the legal heirs or any other person of choice, including specific shares or possessions]

V. Appointment of Executor

I hereby appoint Mr/Mrs [Name of Executor], S/W/D of [Father’s Name], R/o [Executor’s Address], as the executor of this will. In case of their demise, I appoint Mr/Mrs [Alternate Executor’s Name], S/W/D of [Father’s Name], R/o [Address] as the alternate executor.

VI. Cancellation of Previous Wills

I hereby cancel all my previous wills and testamentary documents and this will shall be the only valid document concerning the distribution of my properties after my death.

VII. Signature and Witnesses

Signed on this [Day] of [Month], [Year] in the presence of the following witnesses, who have also signed in the presence of each other and in my presence:

Testator’s Signature: ___________________________
Left hand finger impressions of Testator:

• Thumb
• Index
• Middle
• Ring
• Little

VIII. Witnesses

1. Name of Witness 1
   Signature: _________________________
   Address: __________________________
2. Name of Witness 2
   Signature: _________________________
   Address: __________________________

Draft Will Format in India

DRAFT OF WILL DEED

 I, ______________, son of Shri _______________, aged __ years, resident of _____________________________, do hereby revoke all my former Wills, Codicils and Testamentary dispositions made by me. I declare this to be my last Will and Testament.

I maintain good health and possess a sound mind. This Will is made by me of my own independent decision and free volition. Have not be influenced, cajoled or coerced in any manner whatsoever.

I hereby appoint my ________________, as the sole Executor of this WILL.

The name of my wife is _________________. We have two children namely, (1) __________________ (2) ________________, I own following immovable and movable assets.

1.     One Flat No.___ in _______________________.

2.     Jewellery ornaments, cash, National Saving Certificate, Public Provident Fund, shares in various companies, cash in hand and also with certain banks.

All the assets owned by me are self-acquired properties. No one else has any right, title, interest, claim or demand whatsoever on these assets or properties. I have full right, absolute power and complete authority on these assets or in any other property which may be substituted in their place or places which may be Acquired or received by me hereafter.

I hereby give, devise and bequeath all my properties, whether movable or immovable, whatsoever and wheresoever to my wife, _____________________, absolutely forever.

IN WITNESS WHEREOF I have hereunto set my hands on this ____ day of ____, 20__ at ____________.

People Also Read: Template of Mutual Will & Joint Will

Frequently Asked Questions On Will Format

Q1. What is a draft of a will deed?

Ans1. A draft of a will deed is a preliminary version of a legal document that outlines the distribution of a person’s assets after their death. It includes all necessary details about beneficiaries, executors and specific bequests.

Q2. How can I find a draft will format in India?

Ans2. You can find a draft will format in India through online legal portals, government resources or by consulting a legal professional to ensure it complies with Indian laws.

Q3. Can you provide an example of a will?

Ans3. An example of a will typically includes the testator’s details, declarations, beneficiary details and distribution of assets. Templates can be found online or through legal resources.

Q4. What is the format of a will deed in India?

Ans4. The format of a will deed in India includes the testator’s details, declaration of sound mind, list of assets, names of beneficiaries and the testator’s signature along with witnesses.

Q5. Where can I get a legal will format India PDF?

Ans5. A legal will format India PDF can be downloaded from various legal websites or you can obtain one from legal advisors or government resources.

Q6. Is there a legal will format India PDF in Hindi available?

Ans6. Yes, you can find legal will format India PDFs in Hindi on Indian legal websites or through legal documentation services.

Q7. How should I create a property will?

Ans7. To create a property will, include details about the property, designate beneficiaries, mention specific conditions (if any) and ensure it is signed in the presence of witnesses.

Q8. Is there a property will format available?

Ans8. Yes, property will formats are available online and typically include the property details, testator’s declaration and distribution specifics.

Q9. Can you share a sample draft of a will?

Ans9. A sample draft of a will includes sections like testator details, declaration, list of beneficiaries, distribution of assets, executor details and witness signatures.

Q10. Where can I find a sample will?

Ans10. You can find a sample will on online legal service websites, law firm portals or through a professional legal consultant.

Q11. What should a sample will form include?

Ans11. A sample will form should include personal details, declarations, details of assets, names of beneficiaries and witness signatures.

Q12. Is there a sample will India-specific format?

Ans12. Yes, sample wills specific to India include culturally and legally relevant clauses, ensuring compliance with Indian succession laws.

Q13. What does a simple will format India look like?

Ans13. A simple will format India includes basic information such as the testator’s details, asset distribution and witness signatures, avoiding complex legal terms.

Q14. Can you provide a specimen of a will deed?

Ans14. A specimen of a will deed serves as a reference for creating a will. It includes all standard clauses necessary for the legal validity of the document.

Q15. What is a will deed format?

Ans15. A will deed format is a structured outline that guides the drafting of a will, ensuring it covers all legal and personal requirements.

Q16. Is there a will deed format in English available?

Ans16. Yes, will deed formats in English are widely available online and through legal documentation services.

Q17. Where can I find a will deed format PDF?

Ans17. Will deed format PDFs can be downloaded from legal advisory websites, government portals or obtained from legal professionals.

Q18. How do I create a will draft?

Ans18. To create a will draft, list your assets, identify beneficiaries, appoint an executor and draft the document following a proper format with legal assistance if needed.

Q19. Is there a specific will draft format for India?

Ans19. Yes, the will draft format for India ensures compliance with Indian succession laws and typically includes standard sections like declarations, asset details and witness signatures.

Q20. Where can I get a will template India?

Ans20. Will templates for India can be found on legal websites, law firm portals or through professional legal consultants to ensure accuracy and validity.