FORMAT OF WILL WITH TRUST FOR WIFE AND CHILDREN, PECUNIARY LEGACIES AND ANNUITIES

WILL WITH TRUST FOR WIFE AND CHILDREN, PECUNIARY LEGACIES AND ANNUITIES

This is the Last Will of mine AB made this the ……….. day of ………., 2000, which cancels all my former wills and codicils.

I hereby revoke all my former wills and codicils.

I appoint CD, EF and GH to be my executors and trustees.

I bequeath all my household goods to my wife LN, absolutely.

I bequeath all my books, clothes, watch and  other personal effects to my eldest son OP.

I bequeath;
Rs………………….. to my wife aforesaid to be paid as soon as possible.
Rs…………………… to each of my executors who shall prove my will.
Rs…………………… to each of my servants who at my death shall have been in employ for three years immediately preceding my death (or three months salary in addition to the wages then due or accruing.)

I bequeath to my said wife LN an annuity for her life of Rs……………. And to my sister RS an annuity for life of Rs. ………… both of which will commence from my death. These annuities will be secured by the appropriation of investments, sufficient to ensure the same out of income therefrom and in case of any deficiency of income, the capital of the said appropriated fund will be liable . After this appropriation, any residuary estate will be free of the aforesaid annuities.

The residue of my property , movable and immovable, has to be converted into money by my executors who shall after payment of my debts, funeral and testamentary expenses, invest and settle the same on the following trusts:

To pay the income to my wife aforesaid during her life.
Subject hereto in trust to pay or divide the corpus to or between all my children or who being male shall attain majority or being female shall  attain majority or previously namely, the share which would have belonged to any child already dead or who may die before me leaving issue to go to such issue by substitution per stripes.

My wife aforesaid shall have power during her life to appoint a new trustee in case of any vacancy.

IN WITNESS WHEREOF I,  the said AB, have signed this will hereunder the day and year first written above.

        (Sd.)………………
(AB)

Signed by the above named AB in our presence at the same time and each of us has in the presence of the testator signed his name hereunder as an attesting witness.

1…………………….
2……………………

FORMAT OF WILL WITH SEVERAL LEGACIES AND RELIGIOUS AND CHARITABLE BEQUESTS AND RESIDUE TO VEST IN TRUSTEES FOR BENEFIT OF WIFE AND CHILDREN

WILL WITH SEVERAL LEGACIES AND RELIGIOUS AND CHARITABLE
BEQUESTS AND RESIDUE TO VEST IN TRUSTEES
FOR BENEFIT OF WIFE AND CHILDREN.

This is the last will executed by me, AB, etc., this the _______ day in the city of __________________.

1. I hereby revoke all former wills and codicils heretofore made by me.

2. I appoint CD, etc., EF, and GH, etc., to be the executors and trustees of my this will.

3. I appoint the said trustees as guardian of my children jointly with my wife.

4. I bequeath –

(i) to my wife OP  Shares Nos. ______ in Company Limited’

(ii) to my son MN my gold watch, chain and my signestring ;
(iii) to my daughter KL my motor car;
(iv) to my friend XY all my books.

5. I bequeath the following pecuniary legacies :
(i) the sum of Rs. _______ to each of the trustees who shall prove my will and act in trust thereof.
(ii) Rs. _______ to each of my servants MN and Rs.

6. I bequeath the following charitable legacies ;
(i) to the __________ Hospital Rs. ___________,
(ii) to the___________ College Rs. ___________.
(iii) to the __________ Orphanage Rs. ___________.
(iv) to the __________ Temple Rs. ___________.

7. I give to my sister PQ, the wife of TU, during her life an annuity of Rs. _____ payable my equal monthly installments on the first day of each month after my death without power of anticipation during her coverture.

8. I release and forgive to IJ or to his representative if he dies before me the amount that may be due at the time of my death to me on his bond for Rs. ______ dated _______ and direct my trustees to cancel and deliver up the bond to him.

9. I devise and bequeath all my property, movable and immovable, existing at the time of my death (except property disposed of by this will) unto my trustees upon trust to sell all the covert the same into money, and after payment of all my debts, funeral expenses, legacies and annuities hereinbefore provided, to invest the net proceeds thereof in any investment they in their absolute discretion think fit and to hold the same and income thereof upon trust hereinafter declared and specified.

10. My trustees shall pay the income of the trust estate to my wife during her lifetime without power of anticipation until her re-marriage and after her remarriage, one moiety to her and the other moiety to my children in equal shares.

11. Subject to aforesaid my trustees shall divide the corpus of the trust estate among my children equally, who being sons attain the age of majority and in the case of daughters attain majority or marry under age :

Provided that if any child of mine dies during my life-time, then his children shall take equally between them and share of such child.

12. I hereby give power to my wife, the said OP to appoint a new trustee or new trustees on the occurrence of any vacancy in the office of the trustees.

13. I direct that if there is any difference of opinion between the trustees on any matter concerning this will, or the management of the property hereby bequeathed, or the execution of trust hereby created, the opinion of the majority shall prevail.

IN WITNESS WHEREOF I, the said AB, have executed this will in the presence of the witnesses hereunder who have attested the same in my present.

(Sd.)
Testator
Witnesses :
1. ________________
2. ________________

FORMAT OF WILL IN FAVOUR OF RELATIONS

WILL IN FAVOUR OF RELATIONS

I, AB etc., of ………………. hereby revoke all my wills and codicils, if any, and make this my last will on the …………… day of …….. in the city of……………

WHEREAS my wife CD died on …………… leaving behind three daughters who have been married and are living with their respective husbands;

AND WHEREAS I desire to make provision for my brother, a son of my late elder brother and other relations hereinafter mentioned.

NOW I hereby devise my property as follows:

I, devise my house in which I am living situate on………………. Road bearing Municipal No. …………….. in the city of …………… to my mother for her life.

I, devise my three shops situate on ………………….. bearing Municipal Nos. …….. respectively in the city of ………….. to  Shri XY, son of my late elder brother Shri KL, for his life and thereafter for the life of his wife in case she survives her husband and thereafter to their issue in equal shares as absolute owners thereof.

I, devise my land in the city of …………. bearing Khasra No. ……… and called as………………………to my eldest daughter who is directed to make a present of about one tenth of the produce thereof to my mother during her life- time and one tenth of the produce to my second daughter, Shrimati, EF and one tenth of the produce to my third daughter, Shrimati GH.  The expenses of delivering the said produce to my mother shall be borne by my first daughter, to whom the garden has been devised, but the expenses of delivering the aforesaid presents to my other daughters shall be borne by the said daughters respectively and they may take delivery of the same on their own respective cost from my third daughter at the said land  itself. In case any dispute should arise between my  said daughters or my mother about the non delivery or the quantity so delivered. Or the quality of the produce delivered, the same shall be final if she is living even if she may be one  of the disputants, and in case of her demise the said dispute may be referred for settlement to my brother Mr. JK..

I, bequeath to my second daughter, Shrimati EF, the shares of the value of Rs………….  Now standing in my name in the register of ……………………..….. Company .

In case the said company should hereafter fail or entitled to recover the equivalent of the said sum of Rs. …………….  after  taking into account the value of the shares aforementioned at the time of my devise from my other properties.

I, bequeath to my youngest daughter, Shrimati…………. The business now running under the name and style of …………….. by me.

I, bequeath to my brother, Mr. JK. a sum of Rs. …….……..  out of which any sum that may be accruing due to me from him under any loan transaction shall be first adjusted.

I bequeath to my sister, Shrimati LM, a sum or Rs……………….. out of my estate.

I bequeath the residue of my estate, if any, to Mahatma Gandhi Memorial Fund.

I appoint the President of the District Bar Association of …………… as my executor who shall be entitled to charge a remuneration of Rs. ………….. per month besides the usual expenses for administering the estate.

IN WITNESSES WHEREOF, I , the said AB, have executed this will in the presence of the witnesses hereunder who have attested the same in my presence.


(Sd.) ………………
                                                                                                            ( AB)
Witnesses:
1. ……………….
 
2………………….

FORMAT OF WILL IN FAVOUR OF MINOR SON

WILL IN FAVOUR OF MINOR SON

I, AB, etc. execute this my last will this the ____ day of ___________ in the city of _________voluntarily out of my own free will without any compulsion or pressure from any person and having a second disposing mind.

WHEREAS I had made a will dated ________ in favour of my wife CD bequeathing all my properties to her ;

AND WHEREAS the said wife died ON _________ leaving EF, aged 12 years as our only son.

1. I hereby revoke the will made in favour of my wife CD on ____________.

2. I hereby declare and bequeath all my properties, movable and immovable, belonging to me or which may belong to me and remain indisposed of during my life-time unto EF, my son aforesaid.

3. In case I should die before the said son EF attains majority, I appoint GH, etc., as an executor under this will, who shall realise all my to outstanding and administer the estate left by me for the benefit of EF, of the said legatee after defraying all expenses of such administration.  The said executor shall be entitled during such administration to charge Rs. ______ per month as remuneration for his service till the aforesaid EF attains majority.  When the said EF attains majority, the said GH shall handover all the estate then in existence unto the said EF.  During the minority of the said EF, the executor shall act as guardian of the said EF and shall look after his education and training in a be fitting and useful manner so as to earn a decent living either as an engineer or as a member of some other noble profession.  However, if the said EF attains majority during my life-time and survives me, this provision relating to appointment of the executor shall not be operative and the said EF shall be entitled to receive and appropriate as owner all and every part of the estate left 

IN WITNESS WHEREOF I have signed this will in the presence of witnesses hereunder who have attested the same in my presence.

Sd. _________
(AB)
Testator
Signed by the abovenamed AB in our presence at the same time and each of us has in the presence of the testator signed his name hereunder as an attesting witness.

Witnesses :
1. ________________
2. ________________

I have examined the testator and found him in sound disposing mind and as having fully understood the contents of this will.
Sd. _______
Dr. _________

FORMAT OF WILL BY A HINDU IN FAVOUR OF FAMILY

WILL BY A HINDU IN FAVOUR OF FAMILY

This is the Last Will of mine, AB, etc., a Hindu, made this the …………… day of ………….……., 2000, voluntarily and while in sound state of mind.

WHEREAS I am now 70 years old and have been keeping indifferent health for a past few months;

AND WHEREAS I am possessed of considerable movable and immovable properties more particularly described in the schedule annexed hereto which are my self acquired properties and which were acquired without any detriment to the ancestral property or to the family funds and I have the absolute powers of disposal over the same .

AND WHEREAS  I am anxious to make necessary arrangements in respect of the enjoyment of my properties after my life time so that unnecessary misunderstanding and consequential wasteful litigation between the members of my family may be avoided. Therefore, I am executing this last will and testament of mine of my own free will voluntarily without any compulsion or pressure of any person and with a sound disposing mind and declare as follows:

I hereby revoke all former wills and codicils made by me at any time heretofore.

I have my wife CD, two daughters EF and GH and two sons KL and MN who will be entitled to succeed to my properties under law in the normal course. But my daughters are all married and they are living separately with their husbands. They have been properly and well provided for during their marriage. They are therefore not given any share in my properties under this will.

I bequeath the property bearing No. ……. Described as item No. 1 in the Schedule hereto to my first son KL absolutely to be held and enjoyed by him with full and absolute powers of alienation.

I bequeath the property bearing No. ….. ….. described as item No. 2 in the Schedule hereunder to my second son MN absolutely to be held and enjoyed by him with full and absolute powers of disposal.

I bequeath to my wife CD the property bearing No………… and described as item No. 3 in the Schedule hereto absolutely to be held and enjoyed by her with full and absolute power of alienation.

Any assets, movable or immovable, which might be omitted from being mentioned in this will or which may hereafter be acquired by me shall be taken by my wife and the two sons aforesaid in equal shares absolutely.

Though I have bequeathed no share in my properties to my daughters aforesaid , as a token of love and affection for them I hereby direct my two sons KL and MN that each one of them will pay to each one of my daughters a sum of Rs…………… and this sum shall be a charge on the properties allotted to my above sons respectively hereto.

All the jewelry and ornaments, gold and silver, will belong to my wife absolutely and my sons or daughters aforesaid will have no right to the same .

I hereby appoint my two sons KL and MN as the joint executors under this will.

SCHEDULE OF PROPERTY

1…………………………….

2……………………………

3……………………………


IN WITNESS WHEREOF I, the above named testator have signed this will hereunder the day and year first written above.

………………….(Sd.)
                      (AB)

Signed by the above named AB in our presence at the same time and each of us has in th e presence of the testator signed his name hereunder as an attesting witness.

WITNESSES;
1.

2.

WILL BY A DISABLED PERSON IN FAVOUR OF WIFE AND DAUGHTER - FORMAT

WILL BY A DISABLED PERSON IN FAVOUR OF WIFE AND DAUGHTER

Now I am about 70 years old and I am in a sound disposing state of mind. But as my legs and hands are shaking due to some heart problem, I have made the following arrangement with regard to my immovable and movable properties so that there may not be any objections by my heir and others after my lifetime.

I have a wife named XY. A son and a daughter by the name BP and PS, respectively. I got my son married with a girl by name RR.

About two years after the marriage, my son by name BP died. After the death of the said son of mine I gave to my daughter in law RR,  all the stridhan properties that were given to her at the time of her marriage and I gave also a cash amount of Rs.1,00,000 (Rupees One Lac only) towards her live long maintenance also .

I got also the marriage of my daughter PS performed with GS’s son CB, resident of ___________________.

Now my wife XY and my daughter PS are  alive. After my life time my wife XY should take possession of my immovable properties belonging to me, that is, the plots which are in my possession and enjoyment and which are situated at __________________________ and the house in ____________________ and the entire movable and immovable properties remaining after my life time and she shall enjoy all the said properties without alienating them in any manner.

After her life time, my daughter PS wife of CB, shall enjoy (the said property) with powers of gift, sale, etc. But neither my heirs nor other shall have any manner of right or interest. This WILL shall come into effect after my lifetime. I shall have  the power to cancel this WILL whenever I please. To this effect this WILL is executed by me out of free will.

IN WITNESS WHEREOF I the said AB have signed this will here under the day and year first written above.
                                    (Sd.) …………………
(AB)
Signed by the above named AB in our presence at the same time and each of us has in the presence of the testator signed his name hereunder as an attesting witness.
1. ……………………….

2…………………………

SAMPLE FORMAT OF WILL

WILL

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.

One Flat No.___ in _______________________.

Jewelry, 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 ____, 2000 at ____________.


-sd-
TESTATRIX

SIGNED by the abovenamed Testatrix  as his last WILL and Testament in our presence, who appear to have perfectly understood & approved the contents in the presence of both of us presents, at the same time who in his presence and in the presence of each other have hereunto subscribed our names as Witnesses.                                     

WITNESSES :

1.


2.

FORMAT OF WILL GIVING ALL PROPERTY TO SPOUSE

SIMPLE WILL GIVING ALL PROPERTY TO WIFE

I, AB hereby revoke all former WILLS AND CODICILS made by me and declare this to be my last will whereby I bequeath and devise all my movable and immovable property whatsoever to my wife CD and appoint her sole executrix of my this WILL.

IN WITNESS WHEREOF. I have signed this will hereunder on the …day of …………, 2000.
                                            Sd/………………..
                     (A B)

Signed by the above-named testator in our presence at the same time and each of us has in the presence of the testator signed his name hereunder as an attesting witness.

WITNESSES;

1…………………….

2…………………….

SHORT FORM OF A WILL - FORMAT

SHORT FORM OF A WILL

This is the Last Will of mine, AB, etc., made this the ………………… day of ………., 2000, at ……………………. which cancels my WILL dated ……………… made in favour of …………………………… now deceased.

WHEREAS I had made a will on ………………….. bequeathing all my property in favour of ……………………… my…………….. (state relationship).

AND WHEREAS the said ………………… died on ……………… leaving behind…………………

NOW I declare that:

I hereby revoke my former will dated …………….. in favour of ………… aforesaid.

I bequeath all my properties to …………………….. my……………… (state relationship)  absolutely.

I bequeath the following annuities to commence from the date of my death and to be paid in monthly installments:

To my daughter CD, etc., an annuity of Rs………………… to be paid during her life;

To my nephew EF, etc., an annuity  of Rs………………….. for his life.

IN WITNESS WHEREOF I the said AB have signed this will here under the day and year first written above.

                                    (Sd.) …………………
(AB)

Signed by the above named AB in our presence at the same time and each of us has in the presence of the testator signed his name hereunder as an attesting witness.

1. ……………………….

2…………………………

REVOCATION OF WILL FORMAT SAMPLE

REVOCATION OF WILL

I, AB etc., hereby revoke all my wills and codicils and particularly the will made by one on _________ in the presence of ______ and ________ as attesting witnesses thereof.  I declare it to be my intention to die intestate.

(Sd.) ________
(AB)

Witnesses :

____________________
____________________

WILL FORMAT - FORM OF A COMPLICATED WILL

FORM OF A COMPLICATED WILL

I, …………… son of ………………………..  , residing at ……………… hereby  execute this my last will, in a sound disposing state of mind.

1. I, hereby revoke all former and other wills and testaments by me at any time heretofore made.

2. I have ancestral lands in my native village, My two sons (1)………. And (2) ……………….. shall take the same with rights of survivorship.

3. All other properties possessed by me, in whatever place  and in whatever shape are all my self acquisitions, having been purchased out of my earning and without recourse to the family properties: and I have full testamentary power over them.

4. I hereby give, devise and bequeath my …………… at ………… to my aforesaid two sons (1) ……………… and (2) …………….. in equal shares with full and absolute rights but if any of them should, God forbid, die in my life-time his share shall pass to his son or grandson, or any child or widow of his surviving him and in default of these two my other  my others  without leaving any  child  or grandson  or widow, I here by give authority  to my wife  to adopt any suitable boy selected in consultation with my brother,………… and the properties devised and bequeathed under this will to my two sons shall be enjoyed by my widow until such adoption when they shall vest in the adopted son with absolute rights.

5. I hereby give, devise and bequeath to my wife…………… my lands at………. And my house at…………….. with full and absolute rights. Should my wife remarry all the immovable properties devised to her shall on such marriage, vest in my daughter ……………….. My executor shall see to the marriage of my daughter……….. expending not more than Rs……….. for the same and shall pay Rs…………….. for the absolute use as and when she marries. I give and bequeath Rs………… to my son ………… on condition that he proceeds to ………. For higher studies in ………………. Within……………. Years of my death Otherwise the said sum of Rs. 25,000 shall be handed over to the Vice Chancellor,……………………. University for utilising the same for Research work regarding the  application of ………… purposes.

6. I do hereby constitute my dear wife as my residuary legatee. My brother………….  Is appointed executor under this will.

(Sd.)
Testator
Place……………………
Date ____________

Witnesses :
1. _______________
2. _______________

WILL FORMAT SAMPLE - CODICIL SUBSTITUTING A TRUSTEE APPOINTED UNDER WILL

CODICIL SUBSTITUTING A TRUSTEE APPOINTED UNDER WILL

I, AB etc., hereby declare this to be first codicil to my will dated the ______ day of __________.

WHEREAS by my aforesaid will I have appointed EF as one of the executors and trustees and given him a legacy of Rs. _______ if he acts ;

AND, WHEREAS the said EF has died on ________________.

1. Now I hereby revoke the appointment of the said EF as one of the executors and trustees of my will and appoint GH, etc., to be executor and trustee thereof in place of the said EF.

2. I bequeath to the said GH a legacy of Rs. _______ if he acts as such executor and trustee and I hereby revoke the legacy of Rs. ______ given to the said EF by the said will.

3. I hereby declare that my said will and all the provisions contained therein shall be construed and take effect in all respects as if the name of the said GH where substituted therein as an executor and trustee thereof for the name of EF.

4. In all other respects I hereby confirm my said will.

IN WITNESS WHEREOF I, the said AB have signed this codicil on the _______ day of ______ in presence of the witnesses hereunder who have attested the same in my presence.

(Sd.) __________
(AB)
Testator
Signed by the above-named testator as a codicil to his will dated ______ in our presence at the same time and each of us has in the presence of the testator signed his name hereunder as an attesting

Witnesses :
1. ________________
2. ________________

WILL FORMAT SAMPLE - CODICIL SUBSTITUTING A TRUSTEE

CODICIL SUBSTITUTING A TRUSTEE

I, AB, etc., declare this to be the first codicil to my will dated ______ the _______ day of ________.

WHEREAS by the said will I appointed CD as one of the executors and trustees and given him a legacy of Rs. _________ if he acts.

AND WHEREAS the said CD has died on _________

NOW I hereby revoke the appointment of the said CD as one of the executors and trustees of my will and also revoke the legacy of Rs. _____ given to him as such executor and trustee and I hereby appoint LN, etc., to be an executors and trustee of my said will in place of the said CD and I declare that my said will and all the provisions contained therein shall be construed and take effect in all respects as if the name of the said LN had been originally mentioned therein lieu of the name of the said CD of executor and trustee and I give a legacy of Rs. ________ to the said LN in case he proves my will and carries out the Trusts and provisions thereof and in all other respects I confirm my said will.

IN WITNESS WHEREOF I have hereunto set my hand this day of _______

Signature of Testator

Signed by the said testator as a codicil to his will dated _____ in the presence of us present at the same time and who at his request have hereunto signed our names as witnesses hereto in the presence of the said AB and in the presence of each other.

Witnesses :
1. ________________
2. ________________