DOD: July 2004
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Smile/Objective | Wills | Registration Form |
Wills
In the Indian Succession Act, a Will is defined as the legal declaration of the intention of a person making it (called the Testator) with respect to his property, and the intention, which he desires to be carried into effect after his death. It is to be noted that no formalities are specified for executing a will except that the Will should be signed by the testator and attested by at least two witnesses. It may be printed, typed or even hand-written; it need not be on stamped paper.
The preparation of an intricate Will is perhaps the most difficult task ever performed by the draftsman. A Will does not take effect from its execution, but from the death of the testator; and therefore the draftsman has to consider not only the circumstances of the testator at the time when the Will is prepared but also what they may possibly be at the time of his death. Nothing but experience and a well-cultivated imagination will enable even an accomplished lawyer to settle an intricate Will in a satisfactory manner.
‘Will’ means the legal declaration of the intention of a testator with respect to his property, which he desires to be carried into effect after his death.
‘Codicil’ means an instrument made in relation to a will, and explaining, altering or adding to its dispositions, and shall be deemed to form part of the will.
‘Executor’ means a person to whom the execution of the last will of a deceased person is, by the testator’s appointment, confided.
‘Probate’ means the copy of a will certified under the seal of a Court of Competent jurisdiction with a grant of administration to the estate of the testator.
‘Administrator’ means a person appointed by competent authority to administer the estate of a deceased person when there is no executor.
‘Person capable of making wills’: every person of sound mind not being a minor may dispose of his property by will. A married woman may dispose of by will any property, which she could alienate by her own act during her life.
How a will is executed? – Every testator, not being a soldier employed in an expedition or engaged in actual warfare, or an airman so employed or engaged, or a mariner at sea, shall execute his will according to the following rules:
a. The testator shall sign or shall affix his mark to the will, or it shall be signed by some other person in his presence and by his direction.
b. The signature or mark of the testator, or the signature of the person signing for him, shall be so placed that it shall appear that it was intended thereby to give effect to the writing as a will.
c. The will shall be attested by two or more witnesses, each of whom has seen the testator sign or affix his mark to the will or has seen some other person sign the will, in the presence and by the direction of the testator or has received from the testator a personal acknowledgement of his signature or mark, or of the signature of such other person; and each of the witnesses shall sign the will in the presence of the testator, but it shall not be necessary that more than one witness be present at the same time, and no particular form of attestation shall be necessary.
Click on the links to know more about them:
· How an unprivileged will or codicil is revoked?
· Schedule II
· Bequest of Tenancy Rights unlawful
· Codicil
· Appointment of Executors:
· The last will and Testaments of ..
SMILE | Objective | Wills | Registration Form |
Wills
How an unprivileged will or codicil is revoked?
No unprivileged will or codicil nor any part thereof, shall be revoked otherwise than by marriage, or by another will or codicil or by some writing declaring an intention to revoke the same and executed in the manner in which an unprivileged will is hereinbefore required to be executed, or by burning, tearing or otherwise destroying the same by the testator or by some person in his presence and by his direction with the intention of revoking the same.
It is not necessary that any technical words or terms of art be used in a will but only that the wording be such that the intentions of the testator can be known therefrom.
The executor or administrator, as the case may be, of a deceased person is his legal representative for all purposes, and all the property of the deceased person vests in him as such.
When the deceased was a Hindu, Mohmedan, Buddhist, Skin, Jain or Parsi or an exempted person, nothing shall vest in an executor or, administrator any property of the deceased person, which would otherwise have passed by survivorship to some other person.
No right to any part of the property of a person who has died intestate can be established in any Court of Justice, unless letters of administration have first been granted by a Court of competent jurisdiction. This provision shall not apply in the case of the intestacy of a Hindu, Mohmedan, Buddhist, Sikh, Jain, Indian Christian or Parsi.
No right as executor or legatee can be established in any Court of Justice, unless a Court of competent jurisdiction in India has granted probate of the will under which the right is claimed, or has granted letters of administration with the will or with a copy of an authenticated copy of the will annexed. This shall not apply in the case of wills made by Muhammadans, and shall only apply (i) in the case of wills make by any Hindu, Buddhist, Sikh or Jain where such wills are of the classes specified and (ii) in the case of wills made by any Parsi dying, where such wills are made within the local limits of the ordinary original civil jurisdiction of the High Courts at Calcutta, Madras and Bombay and where such wills are made outside those limits, in so far as they relate to immoveable property situated within those limits.
The question, therefore, one has to consider is when probate is necessary. (i) Probate is necessary of the wills and codicils of Europeans, East Indians, Armenians, Jews, Indian Christians and Parsis, Subject to the provisions of subsection (2) substituted by Act 16 of 1962, (ii) of the wills and codicils of Hindus, Buddhists, Sikhs or Jain made on or after 1st September 1870 within the territories subject to the Governor of Bengal and in the towns of Madras and Bombay and wills made outside those territories so far as they relate to immoveable property within those territories.
Unless a will falls within the provisions above, it is not incumbent on the executor of the will of a Hindu etc. to take out probate. It, therefore, follows that no probate is necessary of the wills falling under the other provisions.
It may be considered as to when probate is not necessary:
1. No probate is necessary in the case of wills of Hindus, Jains, Sikhs and Buddhists made prior to 1.9.1870.
2. No probate is necessary in the case of the wills of Hindus, Jains, Sikhs and Buddhists falling under the above provisions. For details see Section 57.
3. No probate is necessary in respect of the wills of a Hindu executed outside the city of Madras . Although it is not obligatory to obtain probate of the will of Hindu in any local area beyond the towns of Calcutta , Madras and Bombay .
4. No probate of the will of Mohmedan is necessary. Executors of the will of a Mohmedan can sell and convey the testator’s property without obtaining probate or obtaining the consent of all the heirs. The will may be tendered in evidence and proved in any proceeding without probate.
5. No probate is necessary in case of wills of Khojas.
6. No probate is necessary for a person claiming an appointment as guardian under a will.
7. No probate is necessary where the assets do not exceed Rs.5,000/-.
8. No probate is necessary in the case of wills made by Hindus of Punjab relating to immoveable property situate in the Punjab .
9. No probate is necessary in the case of wills made by a Parsi except in the case of such wills as are specified in sub-section (2) (ii) of Section 213.
It is provided that no Court shall (a) pass a decree against a debtor of a deceased person for payment of his debt to a person claiming on succession to be entitled to the effects of the deceased person or to any part thereof or (b) proceed, unpon an application of a person claiming to be so entitled, to execute against such a debtor a decree or order for the payment of his debt, except on the production, by the person so claiming of a probate or letters of administration evidencing the grant to him of administration of the estate of the deceased or succession certificate. The word ‘debt’ includes any debt except rent, revenue or profits payable in respect of land used for agricultural purposes.
An executor or administrator has power to dispose of the property of the deceased, vested in him either wholly or in part, in such manner as he may think fit. If the deceased was a Hindu, Muhammadan, Buddhist, Sikh, Jain, or an exempted person, the general power shall be subject to the following restrictions and conditions, namely:
i. The power of an executor to dispose of immoveable property so vested in him is subject to any restriction which may be imposed in this behalf by the will appointing him, unless probate has been granted to him and the Court which granted the probate permits him by an order in writing, notwithstanding the restriction, to dispose of any immoveable property specified in the order in a manner permitted by the order.
ii. An administrator may not, without the previous permission of the Court by which the letter of administration were granted:
a. mortgage, charge or transfer by sale, gift, exchange or otherwise any immovable property for the time being vested in him, or
b. lease any such property for a term exceeding five years.
iii. A disposal of the property by an executor or administrator in contravention of clause (i) or clause (ii), as the case may be, is voidable at the instance of any other person interested in the property.
iv. A probate or letters of administration shall not be rendered invalid by reason of the endorsement or annexure required not having been made thereon or attached thereto, nor shall the absence of such an endorsement or annexure authorize an executor or administrator to act otherwise than in accordance with the provisions of this section.
The above provisions of the Indian Succession Act-must be borne in mind before taking in hand the drafting of a Will. While drafting a will it is also necessary to bear in mind several other provisions of law especially the Indian Succession Act. One must bear in mind that Will which one drafts contains no bequest, which is void in law; which includes rule against perpetuity and other bequests. It is therefore, suggested that one should go through those provision carefully.
The normal provisions contained in a simple Will are indicated below. The Will speaks from the date of the death of the testator. The Will can be revoked at any time by the testator during his lifetime. It may be that if the decreased had already made a Will and he has made a second will, in that case, normally the first Will will be revoked. In order to leave no ground for any doubt it is better that the Will, codicil or any testamentary writing that may have been made prior to the execution of the fresh Will should be revoked. It may be that the testator has not made any previous Will. The Will in such case provides as follows:
“I, A.B.C. of Bombay , Hindu Inhabitant hereby declare that I have not made any will or testamentary writing before and declare this to be my last will and testament”.
If, however, he has made a previous will or if he is not sure, a clause may be provided as follows:
“I, A.B.C. of Bombay , Hindu Inhabitant hereby revoke any previous Will and/or testamentary writing that I may have made and declare this to be my last will and testament”.
The testator must appoint his executors to carry out his wishes contained in his Will. The clause would run as follows:
“I appoint XYZ to be executors of this my will”.
Immediately after the death of the testator, the first matter to be attended to is the funeral and other obsequial ceremonies. The testator therefore directs as follows:
“I direct my executors to spend a sum of Rs.10,000/- for funeral expenses and other obsequial ceremonies. They shall not be liable to render any accounts to any one in respect of the amounts so spent by them”.
This is provided because one may not get receipts for all the expenses incurred for funeral and other obsequial ceremonies. It may be provided in the following way:
“I direct my executors to spend such sum as they may deem fit for my funeral and other obsequial ceremonies. They shall not be liable to render any account to anyone in respect of the amount so spent by them”.
Therefore the testator directs the executors to collect the estate and pay debts if any due and owing by his estate to any one. The clause runs as follows:
“I direct my executors to collect my estate and pay debts if any due and owing by my estate to any one”. Thereafter the question arises about payment of estate duty and probate charges if the probate is obtained of the Will. The clause would run as follows:
“I also direct my executors to obtain Probate if necessary and pay estate duty and incur all necessary costs, charges and expenses in relation to the collection of my estate as well as for obtaining Probate and for any other necessary purposes”.
Please note that the Estate Duty has been abolished by the Finance Act of 1985, which has come into operation from 16th March 1985.
Thereafter the testator has got to make provision regarding the properties both moveable and immoveable. The testator may provide right of residence to his wife for her life and then to his children who would include his sons and daughters. Some times it may be that the daughters are married and have gone away from the house and, therefore, the testator may provide for right of residence and of ownership in favour of his sons. The clause would generally be as follows:
“I am the owner of immoveable property situated at Chowpatty, Bombay . It is occupied by me. I direct that my wife shall be entitled to stay and reside in the said property along with my two sons for her life. After the death of my wife the said property shall belong to my two sons equally”.
In the event of there being a flat instead of a house, the testator will make similar provisions as indicated above in respect of the flat and the shares of the Co-operative Society of which he is a member.
The Testator may have jewellery and gold ornaments. In that case he will provide as follows:
“I have certain pieces of ornaments and jewellery. I bequeath the said gold ornaments and jewellery to my wife absolutely”.
If he wants to make any bequests to charities, he will provide as follows:
“Out of the residue of my estate, I direct a sum of Rs.5,00,000/- shall be paid by my executors to Harkisandas Hospital , Bombay to be utilized by the Trustees of the hospital for opening a pathology department”.
Or it may be provided that the income of the corpus of Rs.5,00,000/- shall be utilized by the trustees of the hospital in such manner as they may think fit for the purposes of the hospital.
Then comes the residue clause:
“I direct that rest and residue of my estate whatever the same may be and wherever the same may be found shall be distributed equally between my wife and two sons and two daughters i.e. each of the five persons shall be entitled to 1/5th of the residue of my estate”
Then comes the Witness clause:
“IN WITNESS WHEREOF I, A B C have set and subscribed my hand at Bombay this …. day of …. 1995”.
The attestation clause runs as follows:
“SIGNED AND DECLARED by A B C the
Testator above named as and for his
last Will and Testament in the presence
of us being present at the same time,
who at his request and in the presence
of us each other have hereunto
subscribed our respective hands as
attesting Witnesses.”
This is in short a very simple Will. There may be variations to be made as the circumstances may require.
No man having nephew or niece or any nearer relative shall have power to bequeath any property to religious or charitable uses except by a Will executed not less than twelve months before his death and deposited within six months from its execution in some place provided by law for the safe custody of the Wills of living persons.
This law however does not apply to Hindus, Mohammedans, Buddhists, Sikhs and Jains. It would therefore apply to Christians, Parsis and East Armenians. The result is that if a Parsi for example has got a nephew or niece or any nearer relative or he or she wants to bequeath any part of his or her property or the whole of it to religious or charitable uses, he or she must make a Will and such a WILL must be deposited with the Sub-Registrar of Assurances within six months from its execution. In addition, the Testator must survive for a period of twelve months from the date of making of the Will. If both the conditions are not fulfilled in that case, the bequest in favour of religious or charitable uses will be declared invalid and in that case the Testator is deemed to have died intestate and this part of the property given to religious or charitable uses will be distributed amongst his or her heirs at law as on intestacy.
Making of a will person having nearer relations willing away his property to charity, Such Will in order to be valid must be deposited with the Sub-Registrar of Assurances within a period of six months from the date of making the Will and the testator must live for a period of 12 months from the date of making the Will. The Parsis can give away their properties to charity without registration of the Will and without living for a period of 12 months if such Parsis have nearer relatives as provided therein. The said Section now does not apply to the Parsis and therefore a Parsi can give away properties to charity without those two conditions being fulfilled.
The other important change that has been made by the Amended Act is that sons and daughters inherit equally and a son does not inherit twice the share of the sister as was the position prior to the Amendment Act.
The other important provisions are:
I. 1) subject to the provisions of sub-section (2), the property of which a Parsi dies intestate shall be divided,-
a) where such Parsi dies leaving a widow or widower and children, among the widow or widower, and children so that the widow or widower and each child receive equal shares;
b) where such Parsi dies leaving children, but no widow or widower, among the children in equal shares.
2) Where a Parsi dies leaving one or both parents in addition to children or widow or widower and children, the property of which such Parsi dies intestate shall be so divided that the Parent or each of the parents shall receive a share equal to half the share of each child”.
II. Where a Parsi dies without leaving any lineal descendant but leaving a widow or widower or a widow or widower of a lineal descendant, the property of which the intestate dies intestate shall be divided in accordance with the following rules, namely: –
a) if the intestate leaves a widow or widower but no widow or widower of a lineal descendant, the widow or widower shall take half the said property;
b) if the intestate leaves a widow or widower and also a widow or widower of any lineal descendant, his widow or her widower shall receive one-third of the said property and the widow or widower of any lineal descendant shall receive another one-third of if there is more than one such widow or widower of lineal descendants, the last mentioned one-third shall be divided equally among them;
c) if the intestate leaves no widow or widower, but one widow or widower of a lineal descendant, such widow or widower of the lineal descendant shall receive one-third of the said property or, if the intestate leaves no widow or widower but more than one widow or widower of lineal descendants, two-thirds of the said property shall be divided among such widows or widower of the lineal descendants in equal shares;
d) the residue after the division specified in clause (a) or clause (b) or clause (c) has been made shall be distributed among the relatives of the intestate in the order specified in Part I of Schedule II; and the next-of-kin standing first in Part I of that Schedule shall be preferred to those standing second, the second to the third and so on in succession provided that the property shall be so distributed that each male and female standing in the same degree of propinquity shall receive equal shares;
e) if there are no relatives entitled to the residue under clause (d), the whole of the residue shall be distributed in proportion to the shares specified among the persons entitled to receive shares under this section.
III. Division of property where intestate leaves neither lineal descendants nor a widow or widower nor a widow or widower of any lineal descendant – When a Parsi dies leaving neither lineal descendants nor a widow or widower nor a widow or widower of any lineal descendant, his or her next-of-kin in the order set forth in Part II of Schedule II, shall be entitled to succeed to the whole of the property of which he or she dies intestate. The next-of-kin standing first in Part II of that Schedule shall be preferred to those standing second, the second to the third, and so on in succession, provided that the property shall be so distributed that each male and female standing in the same degree of propinquity shall receive equal shares.
Wills
Schedule II
Schedule II of the Indian Succession Act has been replaced by the Amended Act, which provides as follows:
SCHEDULE II
PART I
1. Father and mother
2. Brothers and sisters (other than half brothers and sisters) and lineal descendants of such of them as shall have predeceased the intestate.
3. Paternal and maternal grandparents.
4. Children of paternal and maternal grandparents and the lineal descendants of such of them as have predeceased the intestate.
5. Paternal and maternal grandparents’ parents.
6. Paternal and maternal grandparents’ parent’ children and the lineal descendants of such of them as have predeceased the intestate.
PART II
1. Father and mother.
2. Brothers and sisters (other than half brothers and sisters) and lineal descendants of such of them as shall have predeceased the intestate.
3. Paternal and maternal grandparents.
4. Children of paternal and maternal grandparents and the lineal descendants of such of them as have predeceased the intestate.
5. Paternal and maternal grandparents’ parents.
6. Paternal and maternal grandparents’ children and the lineal descendants of such of them as have predeceased the intestate.
7. Half brothers and sisters and the lineal descendants of such of them as have predeceased the intestate.
8. Widows of brothers or half brothers and widowers of sisters or half sisters.
9. Paternal or maternal grandparents’ children’s widows or widowers.
10. Widow or widowers of deceased lineal descendant of the intestate who have not married again before the death of the intestate”.
It is advisable that the whole Chapter applicable to the Parsis as amended should be gone through for advising clients and for preparing the documents.
A Parsi lady having her husband and two sisters provided life interest for her husband and after the death of the husband gave all her properties in Charity. Her Will was deposited in the office of the Sub-Registrar in Bombay within six months from its execution. However, she died within a period of twelve months from the date of making of her Will. The Testatrix left her surviving her husband and her two sisters. The husband died, a short time after the death of the Testatrix. The question that arose for consideration was that the Testatrix having not survived for a period of twelve months from the date of her making of her Will, the provisions relating to Charity were bad in law and therefore she was deemed to have died intestate in respect of the bequest to Charity. The estate of the husband claimed the estate as on intestacy of the Testatrix. The question was how this dispute to be resolved.
In the circumstances, the Originating summons was taken out by one sister and the parties were herself as the Plaintiff and the other sister and the executors of the Will of the deceased Sister and also of her husband were made party defendants to the suit. As charity was interested, the Charity Commissioner was also made a party defendant to the suit. The Court was required to declare that the provisions of charity had failed because the Testatrix died within a period of twelve months of her making the Will. The Court had to decide as to who were the heirs of the deceased who are entitled to the said estate and in what proportion. The proceedings took place prior to the amendment of Succession Act applicable to Parsis.
In the case of a Public Trust which is created by a Will, the Executor of such will shall within one month from date on which the Probate of the Will is granted or within six months from the date of the Testator’s death whichever is earlier make an application for the Registration.
Provided that the period prescribed therein for making an application for registration may, for sufficient cause, be extended by the Deputy or Assistant Charity Commissioner.
Where under any will, a bequest has been made in favour of the Public Trust or such bequest itself creates a public trust it shall be the duty of the Executor under the Will to forward a copy thereof to the Deputy or Assistant Charity Commissioner for the region or sub-region where such trust may have been or it may require to be registered.
No Probate of any such Will or Letters of Administration with such Will annexed shall be granted by any Court whatsoever unless it is satisfied that a copy of such Will has been forwarded to the Deputy or Assistant Charity Commissioner.
Wills
Bequest of Tenancy Rights unlawful
Sometimes a Testator may be residing with members of his family in tenanted premises. He may be also having business premises of which he is a tenant. The question which has got to be considered is whether the Testator can make a bequest of his tenancy rights by a will or not. It may be noted that the status of tenants heir with regard to residential as well as non-residential premises is same since amendment made in the Rent Act in October 1978, which has put them on equal footing.
Bequest of tenancy rights of any premises by a Will amounts to unlawful transfer. It is advisable not to dispose of tenancy rights by a Will.
The tenancy if contractual at the time of the death of the tenant will devolve on his heirs subject to rights of other members of tenant’s family residing with the tenant at the time of his death. In other words, if the tenant dies, whether contractual or statutory, the members of his family residing with him at the time of his death will have precedence over non-occupying heirs. In absence of such members of the tenant’s family residing with him at the time of his death, other heirs will inherit if the tenancy was subsisting. Position regarding residential premises and non-residential premises are the same as pointed out above.
Wills
Codocil
“Codicil” means an instrument made in relation to a Will, and explaining, altering or adding to its dispositions, and shall be deemed to form part of the Will.
Supposing the Testator wants to change the names of the Executors by adding some other names, in that case this could be done by making a Codicil in addition to the Will, as there may not be other changes required to be made in the main text of the Will.
It may be that the Testator wants to change certain bequests by adding to the names of the legatees or subtracting some of them. It may be some Beneficiaries or Executor may be dead and the names are required to be removed. All these can be done by making a Codicil.
The formalities for making a Will are also required to be observed for the purpose of making a codicil. In other words the Codicil must be reduced to writing. It must be signed by the Testator and attested by two Witnesses.
Both the Will and the Codicil will be read together for the purpose of giving effect to the provisions contained therein after death of the Testator.
However, if many changes are to be effected in the main provisions of the Will it would be advisable to make another Will revoking the previous Will so that it becomes easy to follow the provisions contained in the Second Will instead of looking into two documents viz. Will and Codicil so that much labour and efforts are saved.
The drafting of a Codicil will be roughly as follows:
“I, ABC of Bombay Hindu Inhabitant, hereby make this Codicil in addition to the Will made by me on the 1st May of January 1995.
By this Codicil I hereby change the provisions contained in the Will as follows:
XX XX XX
XX XX XX
In other respects the provisions contained in my Will dated 1st January 1995 will remain in full force and effect”.
The witness clause and declaration will be similar to the Will as follows:
“IN WITNESS WHEREOF, I, ABC have set and subscribed my hand to this Codicil at Bombay this ………….. day of ………1995.
SIGNED AND DECLARED by A B C
the Testator above named as and for
his/her Codicil to his/her last Will dated
1st of January 1995 in the presence of us
being present at the same time, who at his/her request and in
the presence of us each other have hereunto subscribed our
respective hands are attesting Witnesses:
The main provisions that find place in a simple unprivileged Will may be listed as follows:
Name: The name and description of the testator.
Revocation of earlier Wills: A declaration that the writing in his last Will and Testament and that he thereby revokes all other Wills, Codicils and another disposition of a testamentary nature earlier made by him. (Even in the absence of such a clause, every will, when executed, automatically revokes all previous wills made by the testator).
Wills
Appointment of Executors
An Executor is a person to whom the deceased has confided the execution of his Will. The testator may appoint more than one executor also. It is to be noted that a legatee (i.e. a person entitled to a legacy under the Will) can be an executor. If the executor is a professional person, like a Solicitor or a Chartered Accountant, a provision is usually made that such person can remunerate himself for work done in his professional capacity.
However, when a legacy or bequest is given to such executor, and it is not the intention of the testator that such legacy is to be given in compensation of his service, it should be mentioned that he would be entitled to the legacy even if he does not accept the executorship.
Direction to pay dues: A direction to pay the testator’s dues is not strictly necessary, as in any case, the exectors are bound to do so. Very often, specific directions are given as regards the money to be spent on funeral and obsequial ceremonies.
Legacies and Bequests: These are the most important clauses in the Will, because it is under these clauses that a disposition of the Testator’s property is sought to be made.
Trust clause: Under this clause, the testator may create a trust of his property, appoint trustees for the same, and specify the names of the persons for whose benefit such trust is made. The latter are known as beneficiaries.
Residue Clause: It is always advisable to have a clause disposing of the residue if the Testator’s property, i.e., all property belonging to the Testator at the time of his death, but not specifically disposed of under any other provision of the Will.
Gift Clause: At times, a mention is made in the Will about the gifts made by the deceased during his lifetime, along with a declaration that his estate has nothing to do with such gifts.
Explanation: At times, explanations or clarifications are made as regards investments, which stand in the joint names of the testator and other person or persons. Such a clause would be commonly found in Wills made by a Parsi Testator, because the doctrine of presumption of advancement applies to Parsis.
Testimonium and Attestation Clause: This is the last clause of the Will under which the testator puts his signature on the Will. Such signature should be attested by at least two witnesses.
(The specimen forms of Wills may be referred to in the Chapter on Conveying Precedents).
Attached is a copy of a Will for reference.
Wills
The last will and Testaments of ..
1.I _____________________________ wife of/husband of _____________________
and daughter of/son of _______________, aged ________________________ years,
residing at ___________________________________________________________,
do hereby declare this to be my last Will and Testament.
2. I am perfectly of sound mind and mentally alert and whatever I have willed hereunder is out of my own free will and desire and without coercion and / or force from any one else.
3. I hereby expressly revoke and cancel all my previous wills codicils and testamentary dispositions including my Will dated the __________ and declare this to be my last will and testament.
4. I hereby appoint the following persons to be the joint executors of his Will.
___________________
___________________
In the event of any of them predeceasing me or refusing to act as an executor of this Will the remaining person shall be the executor of this Will and I further direct that no other person shall have any right or authority to interfere with their decision, judgement or directions. I shall refer to the executors hereinafter as the” Executors”.
5. I direct the Executors to take charge and possession on my death of all assets and properties of whatever kind and nature, wherever it may be, belonging to me and administer, deal with and dispose of the same and carry out my wishes and directions in the manner herein set out.
6. I direct the Executors in the first instance to pay and spend the following amounts.
a. Such amount as they may consider proper to perform my funeral and obsequies ceremonies and to spend for the same without being accountable for the same.
b. To pay my debts and liabilities legally due, if any.
c. To pay income tax, wealth tax, gift tax, probate duty, if any, and all other direct and indirect tax liabilities, which may be legally due from me/or from the estate.
d. To pay for any professional charges that may be incurred for proper administration of my estate.
7. Subject to payment the debts and expenses as aforesaid in Para 6, I Will and direct the Executors as under:
8. I hereby bequeath my ____________________________________________ standing in my name / the joint names of myself and Mr./Mrs. _________ and all ownership, right, title and interest in____________________________________
___________________________in favour of ____________________________
and hereby expressly devise and Will that no other person shall claim any share, right, title or interest therein.
9. I bequeath all Shares of ________________________________________________ standing in my name and the right, title and interest relating to the ____________, in favour ______________________________________________ absolutely.
10. I hold bonds equity shares and am entitled to the refund of loans granted by me to various firms/companies. I also have bank accounts in my personal name. I direct that the proceeds of the said shares, bonds and loans granted to the firms/companies, and the amounts standing in my bank accounts be added to the corpus of my estate to be dealt in the manner hereinafter provided. My Executors may however, continue, to hold the said bonds, shares and the loans granted to the various firms/companies as long as they consider it appropriate.
11. I also hold various personal assets such as jewelry, silver utensils, antique pieces lying in my house. The said jewelry, silver utensils, antique pieces and other personal assets should be treated as part of the corpus of my estate to be dealt with in the manner hereinafter provided.
12. I bequeath all the rest and residues of my assets, which have not been specifically disposed of by this Will to the corpus of my estate to be dealt with in the manner hereinafter provided:
13. A. The corpus of my estate in the hands of my Executors shall be distributed in the manner following :
a) My personal assets referred to in paragraph _____________ above may, at the entire discretion of my Executors, be either (I) distributed in specie amongst the beneficiaries referred to in sub-clause (b) of clause 14-A in such shares as my Executors may deem proper; and in such distribution my Executors may exclause any one of more of the said beneficiaries without assigning any reason, or (ii) sold, in which event the sale process realised shall form part of the corpus to be distributed in the manner set out in the remaining sub-clause of this clause _____.
b) My Executors shall pay ____________ of the corpus of the estate to the following viz:
c) In the event of the legatee referred to in clause (b)
i) Predeceasing me the share coming to the said legatee shall devolve on the legatees referred to in clause (b) (ii), failing which to the legatee referred in clause (b) (iii) above, failing which the said share shall be added to the corpus in clause ________ hereafter.
d) In the event of the legatee referred to in clause (b)
i) above not being alive or not being born at the time of my death the share shall devolve on the legatee referred to clause (b) (II), failing which to the legattee referred to in clause (b) (iii), failing which the said share shall be added to the corpus in clause ____________ hereinafter.
e) In the event of the legatee referred to in clause
(b) (iii) predeceasing me the share coming to the said legatee shall devolve on the legatee in clause (b) (iv), failing which to the legatee in clause (b) (I), failing which it will be added to corpus in clause __________________ hereinafter.
g) In the event of the legatee referred to in clause (b) (v) predeceasing me the said share shall devolve on the legatee in clause (b) (vi) above, failing which, it will be added to the corpus in clause 14-B hereinafter.
h) In the event of the legatee referred to in clause (b)
(vi) predeceasing me the said share shall devolve on the legatee in clause (b) (v) above, failing which the said share shall be added to the corpus in clause ____________________ hereinafter.
13. B. The balance of the corpus of my estate comprising of _________________ of the corpus fund, with such addition and accretion thereto in pursuance of the provisions in clause ______________, I direct my Executors to distribute in the manner following:
a. _________________________ to be paid to each of my servants ______________, who have worked with me faithfully and diligently for a number of years.
b. The balance be contributed to ____________________________ Charitable Trust established by me under the Deed of Trust dated _____________________
IN WITNESS WHEREOF, I _________________________________________
have put my signature to this my Will at Bombay this day of 2000.
SIGNED by the within named testator)
______________________________ )
in our presence and both of us
in the presence of each other and in
the presence of and under the direction
of the testator signed our names
hereunder as attesting witnesses
_____________________________
Dated this day of , 2000
_____________________________