Will is a legal declaration of the intention of a testator with respect to his

property, which he desires to be carried into effect after his death. It includes
codicil and every writing making a voluntary posthumous disposition of
property. It is testamentary instrument by which a person makes disposition
of his property to take effect after his death, and which, in its own nature, is
ambulatory and revocable during his life. Thus, a Will can be changed by the
executants as and when he so likes. It is a secret and confidential document
which the executants is never ordered to produce.

(i) It must be intended to come into effect after the death of the testator;
and

(ii) It must be revocable by the testator at any time. Although Wills are
usually made for disposing property, they can also be made for appointing
executors, for creating trusts and for appointing testamentary guardians of
minor children. In one case, the Andhra Pradesh High Court has held that
contents of the Will must indicate that it is intended to come into effect after
death of testator and that it is revocable at any time prior to his death and a
document cannot be treated as a Will by a mere reading of heading of it.

(iii) A gift to take effect the life lime of the donor is a deed of settlement and
not a Will. Section 63 of the Indian Succession Act, 1925 provides that a Will
is liable to be revoked or altered by the maker of it at any time when he is
competent to dispose of his property by Will.
(iv) When a person dies without having made a Will, he is said to have died
intestate. His property is then inherited by his legal heirs in accordance with
the law of inheritance applicable to him.

 What makes a Will Legal?

- Any adult of sound mind is entitled to make a will.

Beyond that, there are just a few technical
requirements a will must fulfill:

a. The will must be signed by at least two witnesses. The

witnesses must watch you sign the will, though they
don't need to read it. Your witnesses, in most states,
must be people who won't inherit anything under the
will. (If your state allows "holographic" wills, you don't
need witnesses.)
b. You must date and sign the will.

- You don't have to have your will notarized. In many

states, though, if you and your witnesses sign an
affidavit (sworn statement) before a notary public, you
can help simplify the court procedures required to
prove the validity of the will after you die.

- If there are no objections, the court will grant probate. A probate is a copy of a Will,
certified by the court, and is conclusive evidence that the Will is genuine.

- Probate is a document issued under the seal and signature of a Court officer,
certifying that a particular Will was proved, with a copy of the will annexed.

The Supreme Court has recently held that petition for probate or letters of
administration of the Will of a testator must be filed within three years from the date
of death of the testator. No probate is necessary for Christian and Muslim Wills.

Will Bequeathing All Property to Wife and Children

This is the last will of _____, son of Shri____, resident of _____ made this ___ of ____.
1. I hereby revoke all former wills and codicils made by me.
2. I bequeath all my money and other movable property whatsoever and wheresoever to
my wife and son ___ and ____ absolutely.
3. I devise all my lands and other immovable property to my wife ____ and son ___ for
her life and after her death to my son _____ ____ absolutely and if the said ____ shall
die before my said wife, then to my nephew ___.
4. I bequeath the following annuities to commence from the date of my death and to be
paid in equal monthly payments:
a. To my wife ____, an annuity of Rs____ to be paid during her life
b. To my daughter/son, an annuity of Rs___ during her life and after her death to
be continued to her son, or sons if more than one in equal shares

In witness whereof, I the said ____ have signed this will hereunder on the day and year
first above written in presence of witnesses:-
Witnesses
1._______________
2._______________
SD(Testator)

Will Bequeathing All Property by Wife to Husband

This is the last will of _____, daughter/wife of Shri____, resident of _____ made this ___
of ____.
5. I hereby revoke all former wills and codicils made by me.
6. I bequeath all my money and other movable property whatsoever and wheresoever to
my husband ___ absolutely.
7. I devise all my lands and other immovable property to my husband ____ and after his
death to my son/daughter _____ ____ absolutely.
8. I bequeath the following annuities to commence from the date of my death and to be
paid in equal monthly payments:
c. To my husband ____, an annuity of Rs____ to be paid during her life
d. To my daughter/son, an annuity of Rs___ during his life and after his death to
be continued to his son, or sons if more than one in equal shares

In witness whereof, I the said ____ have signed this will hereunder on the day and year
first above written in presence of witnesses:-
Witnesses
1._______________
2._______________
SD(Testator)
 Will Bequeathing All Property by Wife to Husband

This is the last will of _____, son of Shri____, resident of _____ made this ___ of ____.
9. I hereby revoke all former wills and codicils made by me.
10. I bequeath all my money and other movable property whatsoever and wheresoever to
my husband ___ absolutely.
11. I devise all my lands and other immovable property to my husband ____ after his
death to my son _____ ____ absolutely and if the said ____ shall die before my said
husband, then to my son ___.
12. I bequeath the following annuities to commence from the date of my death and to be
paid in equal monthly payments:
e. To my husband ____, an annuity of Rs____ to be paid during her life
f. To my daughter/son, an annuity of Rs___ during her life and after her death to
be continued to her son, or sons if more than one in equal shares

In witness whereof, I the said ____ have signed this will hereunder on the day and year
first above written in presence of witnesses:-
Witnesses
1._______________
2._______________
SD(Testator)

Will Bequeathing All Property by Wife to Husband

This is the last will of _____, daughter/wife of Shri____, resident of _____ made this ___
of ____.
13. I hereby revoke all former wills and codicils made by me.
14. I bequeath all my money and other movable property whatsoever and wheresoever to
my husband ___ absolutely.
15. I devise all my lands and other immovable property to my husband ____ and after his
death to my son/daughter _____ ____ absolutely.
16. I bequeath the following annuities to commence from the date of my death and to be
paid in equal monthly payments:
g. To my husband ____, an annuity of Rs____ to be paid during her life
h. To my daughter/son, an annuity of Rs___ during his life and after his death to
be continued to his son, or sons if more than one in equal shares
 In witness whereof, I the said ____ have signed this will hereunder on the day and year
first above written in presence of witnesses:-
Witnesses
1._______________
2._______________
SD(Testator)

Will Bequeathing All Property by Wife and Husband Jointly

This is the last will of _____ and ______, son/daughter of Shri____, resident of _____
made this ___ of ____.
17. We hereby revoke all former wills and codicils made by me.
18. We bequeath all my money and other movable property whatsoever and wheresoever
to our son/daughters ___ absolutely.
19. We devise all my lands and other immovable property to my wife ___ till her life and
after her to our son/daughters ____ absolutely.
20. I bequeath the following annuities to commence from the date of our death and to be
paid in equal monthly payments:
i. To my wife ____, an annuity of Rs____ to be paid during her life
j. To our daughter/son, an annuity of Rs___ during her life and after her death to
be continued to her son, or sons if more than one in equal shares

In witness whereof, we the said ____ and ____ have signed this will hereunder on the
day and year first above written in presence of witnesses:-
Witnesses
1._______________
2._______________
SD (Testator 1)
SD (Testator 2)