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Contents of a Will – Beneficiaries, Assets & Executor

Note

Exam Relevance: Students may be asked to "Draft a simple Will" or list the essential clauses.

Introduction

A Will does not need legal jargon like "Herewith", "Thereto", or "Aforesaid". It needs to be Clear, Unambiguous, and Signed.

Key Clauses in a Will

1. Declaration (The Start)

State who you are and that you are of sound mind.

"I, [Name], aged [Age] years, resident of [Address], hereby revoke all my former Wills and declare this to be my last Will and Testament made on this day [Date]. I am in good health and sound mind."

2. Appointment of Executor

Name the person who will execute the Will.

"I appoint [Name], my [Relation], as the sole Executor of this Will."

3. Assets & Liabilities (The Inventory)

List what you own.

"My assets include Flat No. 101 at Mumbai, Bank Accounts in HDFC Bank, and Shares in..."

4. Bequest (The Distribution)

This is the core parts. Who gets what?

  • Specific Bequest: "I give my Gold Watch to my Grandson."
  • Residuary Bequest: "Everything else I own (Residue) goes to my Wife."

5. Guardian for Minors

If you have children under 18, name a guardian.

"In the event of my death and my spouse's death, I appoint [Name] as the Guardian of my minor children."

6. Attestation (The End)

The signature block.

"Signed by the Testator in the presence of us, who have signed as witnesses."

  • Testator Sign
  • Witness 1 Sign (Name & Address)
  • Witness 2 Sign (Name & Address)

Common Mistakes in Drafting

  1. Vague Descriptions: "I leave my house to my son." (Which house? You might buy another one later).
    • Correct: "All residential properties owned by me at the time of death."
  2. Beneficiary Witness: A Beneficiary (e.g., Son) should NOT sign as a witness. It creates a conflict of interest and can invalidate the bequest.
  3. Forgetting 'Alternative Beneficiary': If the main beneficiary dies before you, who gets the share?

Sample Will Structure

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Summary

  • Simplicity: Write in plain English.
  • Date: Always date the Will. The latest date prevails.
  • Witnesses: Two independent people (Neighbors, Doctors, Colleagues).
  • Safe Keeping: Give a copy to the Executor (sealed) or keep in a digital locker.

Quiz Time! 🎯

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Next Chapter: The Digital Will (E-Will)! 💻

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