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India Last Will and Testament

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Prepare a Last Will and Testament for an Indian resident with this fully editable template. - If you have property, investments, stocks or other assets - whether in India or in other countries - you need to make a Will to ensure that those assets are distributed according to your wishes. - This easy-to-use Last Will and Testament form is written in accordance with the Indian Succession Act. - The Will includes instructions and guidelines on how to execute the Will and have it property attested in order to ensure that it is valid. This India Last Will and Testament form is available as a fully editable MS Word document.

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  • pg 1
									                              LAST WILL & TESTAMENT
I, _____________________________ [INSERT FULL LEGAL NAME OF TESTATOR/TESTATRIX],
aged __ years, inhabitant of ____________, residing at ______________________________ [address],
being of sound mind and memory, do hereby revoke all my former wills, codicils and testamentary
dispositions made by me, and do make, ordain, publish, and declare this to be my last Will and
Testament.


                                     ARTICLE I – EXECUTOR

1.1       I   hereby   appoint   _____________________________        [insert   name   of   executor],   of
_______________________________ [insert address of executor] to serve without bond as the sole
Executor of this WILL.


1.2       I direct that my Executor take all actions legally permissible to complete the probate of my
estate as simply and as expeditiously as possible.


1.3       I give my Executor the power to sell any property, whether real, personal or mixed, in which
I have an interest, without a court order and without bond.


1.4       I give my Executor the power to exercise all powers, rights, duties and responsibilities in
respect of my business concerns and properties to the extent that I exercised during my lifetime, and
to take such steps as are necessary for overseeing the control and management of all such business
concerns and properties.


1.5       I give my Executor the power to settle any claim or proceeding brought by or against my
estate.


1.6       If for any reason my Executor is unable to carry on [his/her] duties under this Will, [he/she]
can in [his/her] total discretion delegate the duties and responsibilities to a substitute trustee of
[his/her] choosing.


                             ARTICLE II – IMMEDIATE FAMILY

2.1       I am married to _______________________ [insert name of spouse] and all references in this Will
to my Spouse are to [him/her].


2.2       I am the [father/mother] of the following children, whose names and dates of birth are:


          Name of Child                                    Date of Birth




Page 1 of 8                                                   Signature: ________________________
                           ARTICLE III – DISPOSITION OF ESTATE

3.1      I hereby give all of my estate, including cash, bank accounts, trust funds, real estate, shares in
any business, and any other immovable and movable property owned by me, to my Executor, and I
direct my Executor to deliver and pay over to my Spouse, for [his/her] use absolutely, provided that
[he/she] survives me by forty-five (45) days. Should my Spouse fail to survive me by 45 days, I direct
my Executor to distribute my estate in equal shares among the following beneficiary(ies):


         ___________________________ [insert name], and/or, if he/she fails to survive me by 45 days,
         ___________________________ [insert name], and/or, if he/she fails to survive me by 45 days,
         ___________________________ [insert name], and/or, if he/she fails to survive me by 45 days,
         ___________________________ [insert name].


                          ARTICLE IV – BURIAL ARRANGEMENTS

I ordain that:


4.1      [Set out how you wish your remains to be dealt with, burial / cremation arrangements, etc.]




                    ARTICLE V – GUARDIAN OF MINOR CHILDREN

5.1      If at my death any of my children are minors, I recommend that my Spouse be appointed
guardian of the person(s) of my minor children. If my Spouse is unable or unwilling to serve as
guardian of my minor children, I recommend that __________________ [insert name of alternate
guardian], of _____________________________ [insert address] be appointed guardian of the person(s)
of my minor children.


5.2      I direct that no bond be required of any personal guardian. Any property or other inheritance
that this Will gives to any of my minor children shall be administered by their personal guardian in
the best interests of my children.


5.3      [If you have any specific wishes regarding the schooling or religious training, etc. of the children, add it
to this section.]


                             ARTICLE VI – DEBTS AND EXPENSES

I direct my Executor:


6.1      To return to the rightful owners all trust and properties that are in my care and possession at
the time of my death.




Page 2 of 8                                                         Signature: ________________________
6.2     To apply the assets of my estate to the payment of all my legal debts, including testamentary
and funerary expenses, as well as the expenses of administering my estate.


                                 ARTICLE VII – BEQUESTS

7.1     I direct my Executor to pay the following amounts from the remainder of my estate to the
persons, organizations and charities named below:


        Name of Giftee                                  Amount of Bequest




Page 3 of 8                                                Signature: ________________________
                        ARTICLE VIII – RESIDUARY PROVISION

8.1     I hereby give and bequeath all the rest and residue of my estate which I may die possessed of
and entitled to, to my children, ____________________________________________ [insert name(s)],
absolutely and in equal shares.


                                  ARTICLE IX - SEPARABILITY

9.1     I direct that if any part of this Will is determined to be invalid by a court, the other parts shall
remain valid and enforceable.




I subscribe my name to this Will this _____ day of ______________, _______ at
_______________________________. I make this Will in full possession of my faculties and with a full
and complete understanding of the dispositions, directions and statements made herein. I hereby
declare that I sign and execute this instrument as my last will and that I sign it willingly, that I
execute it as my free and voluntary act for the purposes therein expressed, and that I am of the age of
majority or otherwise legally empowered to make a will, and am under no constraint or undue
influence.


Name (print)                                                Signature


Date


                                             WITNESSES

On this _____ day of ______________, _______, ____________________________________ [insert name
of testator] declared to us, the undersigned, that this instrument was [his/her] will and requested us to
act as witnesses to it. [He/She] thereupon signed this will in our presence, all of us being present at
the same time. We now, at [his/her] request, in [his/her] presence, and in the presence of each other,
subscribe our names as witnesses and declare that we understand this to be [his/her] last will, and
that to the best of our knowledge the testator is of the age of majority, or is otherwise legally
empowered to make a will, and under no constraint or undue influence. We declare under penalty or
perjury that the foregoing is true and correct.


Name of Witness #1(print)                                   Signature


Address of witness #1                                       Date


Name of Witness #2(prin
								
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