WILL DEED

WILL GIVING ALL PROPERTY TO ONLY HEIR
I___, S/o_____, R/o_____, revoke all former wills and codicils made by me and declare this to be my last will made on this the ____ day of _____.
I hereby revoke all former wills and codicils made by me and by this my last will bequeath and devise all my movable and immovable property whatsoever and wheresoever to my son Mr. ____ absolutely and appoint him sole executor of this my will.
IN WITNESS WHEREOF, I have signed this will hereunder on the day of
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(By the Testator)
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.
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WILL BEQUEATHING ALL PROPERTY TO WIFE FOR LIFE

I___, S/o_____, R/o_____, revoke all former wills and codicils made by me and declare this to be my last will made on this the ____ day 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 where so ever to my wife Mrs. _____ absolutely.
3. I devise all my lands and other immovable property to my wife Mrs._____ for her life.
4. I hereby appoint her the sole executrix of this last will of mine.
IN WITNESS WHEREOF, I have signed this will hereunder on the ____ day of ____.
Sd/-
(By the Testator)
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.
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​WILLS
INTRODUCTION:
Will is a settlement of estate of a person made during his lifetime, but proposed to take effect after his demise. It is defined in Sec. 2 (h) of the Indian Succession Act as meaning 'the legal declaration of the intention of testator with respect to his property, which he desires to be carried into effect after his death". A will takes effect on the death of the executant and during his lifetime is an ambulatory document, revocable at any moment, having no legal effect whatsoever. It is a secret and confidential document which the executant is never ordered to produce.
When the will relates to disposition of immovable property, it must be made in conformity with the law of the country in which the property is situated. However, in case of movable property, in order to be valid a will must be made in conformity with the law of the testator's domicile.
As per the Indian Succession Act the following constitute a valid will:
(1) The will should be made in writing except that a soldier or airman in active service or a mariner at sea, not being a Hindu, Buddhist, Jain or Sikh, can make an oral will (Sec. 63, 65).
(2) It should be signed or marked by the testator or by some other person in his presence and by his direction [Sec. 63(a)]. The best place for the signature is at the foot or end of the writing.
(3) It should be attested by two or more persons, each of whom has seen the testator making his signature or mark, or has seen some other person signing the will in the presence and direction of the testator, or has received from the testator a personal acknowledgment of his signature or mark or the signature of such other person. Each of the attesting witnesses should sign the will in the presence of the testator, but it is not necessary that more than one witness should be present at the same time [Sec. 63(c)].
Supplementary Will or Codicil
Codicil is a supplement to a will. When a testator wishes to make some alteration in his will, he should do so by executing a codicil to his will, making the additions or alterations and expressly confirming the original will. Codicil requires the same formalities as a will.
A will is by its very nature revocable. There are three modes of revocation of a will:
i.   By another will or a codicil;
ii.  By destruction; and
iii. By marriage (in some cases).
DRAFTING OF A WILL:
Law does not prescribes any particular form of will, however, the language of the will should be simple and clear. In case it is full of technical expression, it may be challenged on the ground that the testator did not clearly understand it and its effect.
A will is drafted as a deed poll in the first person. In general a will consists of following parts:
1. Commencement
At the commencement a will should state the date on which it is made revoking all former wills and codicils made by the testator and declaring it to be the last will of the testator. The revocation of previous wills and codicils must be expressly and definitely made and it is not sufficient to say that this will is the last will as that statement does not amount to a revocation of a former will. The intention to revoke a will should be expressly declared (Sec. 70, Succession Act).
2. Clause about appointment of executor and trustees and guardians-
If the will contains a trust, trustees should be appointed, and if executors of the Will are appointed the same persons may be appointed trustees. It is not necessary to appoint an executor. However, an executor is entitled to get a probate of the will to enable him to administer the estate of the deceased without giving any security. In cases where no executor is appointed, no probate can be granted (Sec. 222), and letters of administration is necessary (Sec. 232 and 234), which are not granted without an administration bond (Sec. 291).
While appointing an executor it should be borne in mind that probate cannot be granted to minor or a person of unsound mind. Any number of persons, including the beneficiaries, may be appointed executors.
The appointment may be in the alternative to provide for the contingency of the executor dying during the lifetime of the testator or refusing to act.
If a testator wants to appoint a guardian for his minor children, he can do so by his will; such guardian can get a certificate of guardianship.
3. Legacies and Devises
A specific legacy or devise is the bequest of a definite thing or property out of the testator's estate. It consists of a specific part of the testator's property (Sec. 142). The bequest may be made either absolutely or for life, or on trust. It is more convenient to mention all the bequests on trust after all the other bequests and annuities.
4. General Provisions
The fourth part of the will relates to general terms and conditions, as per the desire and instructions of the testator as to conduct of his estate.
5. Testimonium
Testimonium is the last part of a will. The date may sometimes be mentioned in this clause or at the beginning of the will, as in deeds.
6. Signature and attestation
Signature and attestation are placed at the end of a will, signature immediately after the Testimonium and attestation after the signatures.
7. Corrections
All elimination and other alterations made in the will must be executed in the same way as a will, i.e., must be signed by the testator and attested-by witnesses (Sec. 71). In case of several alterations it would be more convenient to make a memorandum at the end, indicating clearly the alterations made. This memorandum should be signed by the testator and attested by witnesses
Before drafting a will the following should be considered:
i. Competency of the testator making the will (it is advisable, to have the will attested by a medical attendant, certifying at the foot of the will that the testator is in his proper senses);
ii. Whether the property being granted under the will is legally transferable; and
iii. The interest, which the testator wishes to create, is legally possible or not. (Sec. 112-117,118). The interest conveyed should be clearly defined. This is particularly necessary in the case of wills by Hindus in favour of their wives.
STAMP DUTY:
No Stamp duty is required for a will.
REGISTRATION:
The registration of a will is optional (Sec. 18 of the Indian Registration Act.). There are special provisions in Part IX of the Registration Act under which a testator may deposit his will in a sealed cover with the Registrar. On the death of the testator any person can apply to have the will opened and copied in the Register.