Sat. Sep 19th, 2020


A COMPREHENSIVE FORM OF WILL

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in our series of legal documents samples here is the comprehensive format/sample of will which may be used by any person by amending as per his/her need.


A COMPREHENSIVE FORM OF WILL
I……………………of……………………here by revoke all testamentary dispositions here to fore made by me and declare this to be my last Will which I make this day of…………………… 20……..
I… A..point of and.of.and.of ……………………hereinafter called my Trustees, which expression, where the context permits, includes the survivors or survivor of them or other Trustee or Trustees of my Will.
I bequeath to my wife…………………… (name) absolutely free of duty all the furniture and jewellery and articles of household or personal use and other articles and effects of every kind which at my death shall be in or about my dwelling house at…………………… (place), except money or securities for money. I also bequeath to her free of duty the sum of Rs……………….. to be paid to her immediately after my death and in priority to all other legacies and maintenance allowances or annuities.
I bequeath free of duty all my books and pictures and prints unto my Trustees upon trust that my Trustees shall hold the same for the benefit of my son…………………… (name) absolutely to be handed over to him on his attaining the age of 18 years.
I device my dwelling house in which I am now residing known as……..together with lands, gardens, out-buildings and appurtenances thereto belonging or usually held or enjoyed therewith to my son…………………… (name).
I bequeath free of duty to……………….. and……………… the sum of Rs………………… each, and if any of the said legatees dies in my life time leaving issue at my death then in any such case I bequeath the legacy which the person so dying would have taken, if he or she would have survived me, unto my Trustees for his or her children or child who shall attain the age of 18 years, or being a daughter shall marry before attaining that age, and if more than one in equal shares, and if no child of the legatee dying as aforesaid shall attain a vested interest in the said legacy then the same shall fall into and form part of my residuary estate.
I give free of duty the piece of land measuring…………………… situated at …………………… and bounded as follows:—………………………………………… and the sum of Rs. …………………… unto the Trustees upon trust that the Trustees shall build thereon a Dharamshala at a cost not exceeding Rs. …………………… for temporary use by travellers and others according to the rules and regulations from time to time to be framed by the said Trustees, and shall invest the balance of the said money in any investment authorized by law for the investment of the trust money with power to vary the investment from time to time and shall out of the income arising from such investments keep the said Dharamshala in proper repairs and, at the discretion of the Trustees, insured against fire and shall apply the surplus, if any, of the said income in distributing free food to the poor travellers staying in the said Dharamshala.
I bequeath free of duty to…………………… an annual maintenance of Rs…………………… for his life, to commence from my death, to be paid by equal half-yearly payments, the first payment to be made at the end of six calendar months after my death. I direct my Trustees to set apart as soon as conveniently may be and invest in their names in any of the investments in which my residuary estate is
authorized to be invested, with power to vary the investments, whatever sum shall be sufficient at the time of the investment, to pay the said maintenance allowance, and to pay the same accordingly with power to resort to the capital of the invested fund whenever the income shall be insufficient to pay the said maintenance allowance, and until such sum shall be so appropriated my residuary estate shall be charged with the said maintenance allowance, but after appropriation my residuary estate shall be discharged from the same.
I bequeath Rs. …………………… to my Trustees upon trust in equal shares for all or any of my children living at my death who attain the age of 18 years, or being female, marry under that age, and for all or any of the issues living at my death who attain the age of 18 years or being females marry under that age, of any children of mine who die in my life time leaving issue at my death, such issue to take through all degrees according to their stocks in equal shares the share or shares which their parents would have taken if living at my death and having then attained a vested interest, and so that no issue shall take whose parent is living at my death and so capable of taking.
My Trustees may at any time and from time to time pay or apply any part or parts not exceeding together one-half of the presumptive or vested share of any child or other issue of mine under the trust hereinbefore declared for the advancement or benefit of such issue as my Trustees think proper.
Or
During the minority, and in the case of any female during so much of her minority as she shall remain unmarried, of any child or other issue of mine who would for the time being be entitled to a share under the foregoing trust, my Trustees may for the whole or any part of the income of the expectant or presumptive share of such infant apply for his or her maintenance, education or benefit with liberty to pay the same to the guardian or guardians of such infant for the purpose aforesaid, without being liable to see to the application thereof; and shall accumulate the residue, if any, of the said income by investing the same and the resulting income thereof shall be added to the principal share from which same shall have proceeded: but my Trustees may at any time resort to the accumulations of any preceding year or years and apply the same for and towards the maintenance, education or benefit of any person for the time being presumptively entitled thereto.
With respect to the business of a merchant now carried on by me at …………………… (place), or any other business in which I may be engaged at my death, my Trustees may continue the same for so long as they may think fit or discontinue the same at any time and wind up the affairs thereof, with power for my Trustees, if and so long they shall continue the business, to employ therein the whole or any part of the capital which shall be employed therein at my death, and also such further part, if any, of my estate as they shall think expedient, with power also to employ managers, agents, and clerks and also to admit any person or persons as partner or partners with them in the business and generally to act in the conduct of the said business as they shall, in their absolute discretion, think fit without being answerable for any loss arising thereby.  During the continuance of such business by my Trustees the net profits arising therefrom shall be applied in like manner as income arising from investments representing the proceeds of sale of such business, would be applicable.
I devise and bequeath all my estate, including movable and immovable property and monies and securities for money not hereby or by any codicil otherwise specifically disposed of, and which I can dispose of by will in any manner I think proper, either as
beneficially entitled thereto or under any general power, unto my Trustees upon trust that my Trustees shall call in and convert into money such part of my estate as does not consist of money, with power to postpone such calling in and conversion for such period as my Trustees, without being liable to account, may think proper; my Trustees shall, out of money to arise from the calling in and conversion of my said estate and out of my ready money pay my funeral and testamentary expenses and debts, except mortgage debts, if any specifically charged on property, which debts are to be paid primarily out of the property charged therewith, and shall also pay or provide for specific legacy or legacies and maintenance allowance hereby or by any codicil bequeathed by me, and shall invest the residue of the said money in their names in or upon any of the investments hereby authorized, with power for my Trustees at discretion to change such investments for others of like nature; and shall pay the income of such investments to the Trustees or the Committee of management of…………………… School at…………………… (place) to be applied for the purposes of the said Schoo Or 
Subject to the payment of my funeral and testamentary expenses, debts and the  specific legacies and the maintenance allowances I devise and bequeath my estate, not hereby otherwise specifically disposed of, which I can dispose of by will in any manner I think proper, either as beneficiary entitled thereto or under any general power, unto my Trustees to hand over the same to…………………… and …………………… absolutely and in equal shares.
In witness whereof I have hereunto set my hand the day and year above-written.
Signature of Testator.
Signed and declared by the above-named…………………… as his last Will in the presence of us who in his presence have hereunto set our hands as witnesses.
……………………1 ……………………2
} Witnesses Signatures

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A COMPREHENSIVE FORM OF WILL

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