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Of SHRI XXXX
XXXXX
2. Definition
2.1. The expression "my Executor" used throughout this Will includes
either the singular and plural and the masculine or feminine gender as
appropriate wherever the fact or context so requires.
2.2. The term "executor" is this Will is synonymous with and includes
the terms "personal representative" and "executrix".
3. Appointment of Executor
3.1. I hereby nominate, constitute and appoint Shri …………………..
Son/daughter of ……………, resident of …………. to be the sole Executor of
this Will. In the event Shri …………… were to predecease me or is unable
or unwilling to act as my Executor, then Shri ……………., will be the
executor of this Will in the place and stead of Shri ……..
3.2. No individual acting as an Executor under this Will will be required
to give any security for the performance of his or her duties
notwithstanding the laws of any country or other jurisdiction to the
contrary.
4. Powers of my Executor
To carry out the terms of my Will, I give my Executor the following duties
and powers with respect to my estate:-
4.1. To pay my legally enforceable debts, funeral expenses and all
expenses in connection with the administration of my estate created by
my Will as soon as convenient after my death.
4.2. To take all legal actions to have the probate of my Will completed as
quickly and simply as possible if required by law or if deemed necessary
by the Executor, under the laws of India.
4.3. To engage the services of attorneys, accountants and other advisors
as he/she may deem necessary to assist with the execution this my last
Will and testament and to pay reasonable compensation for their services
from my estate.
5. Compensation of Executor
My Executor is entitled to compensation for acting as Executor under this
Will in addition to any gift or benefit given by me under my Will or any
codicil to it.
Or
My Executors shall be entitled to compensation for acting as Executor
under this Will at a rate of 0.5 % (point five per cent) of the total value of
my estate but in any event in an amount not less than INR …………….
(Rupees ………………….).
6. Disposition of Estate
6.1 I hereby declare that after my demise, the following assets and
properties be bequeathed on my only beloved daughter Smt. ,,,,,,,,,,, for
her own use absolutely:-
6.1.1. My title, interest and all other rights which I have as owner of
the two storied resident house (give description of the property) morefully
described in the schedule A mentioned hereunder.
6.1.2 Bank balance of my savings account no …………………..with
……………(bank name & bank address) ………
6.1.3 My Bank fixed deposits in …….(bank name)…..bearing ……..
(FD receipt nos)……..
6.1.4. The proceeds of my Term insurance policy ….(Policy no)……,
from…….(insurance company name)………
6.1.5. The contents of bank locker no………, with bank…………,
bank address……………
6.1.6. My car with registration no……….
6.1.7. My mutual fund investments with folio
numbers…………………..
6.1.8. The following ornaments and jewellery belonging to me
morefully described in the schedule B mentioned hereunder.
6.1.9. Any other residuary property, assets and other rights whether
or not existing at the time of my death not mentioned in this Will but of
which I am the owner.
6.3. I declare that all above assets and properties in whatever place and
in whatever shape are owned and possessed by me, are all my self-
acquisitions, having been purchased out of my earnings and without
recourse to the family properties and I have full testamentary power over
them. No one else has rights on these properties.
7. Severability
If any provisions of this Will are deemed unenforceable or judged by an
appropriate court of law as invalid, it shall not affect any of the remaining
provisions whatsoever and will remain in full force and effect.
SCHEDULE A
(Description of residential house)
SCHEDULE B
(List of ornaments and jewellery)
IN WITNESS WHEREOF, I …… have hereto set and subscribed my hand
and signature on this ....... day of .... 2019 at ,,,,,,,,, declaring and
publishing this instrument as my Last Will, in the presence of the
undersigned witnesses, who witnessed and subscribed this Last WIll at
my request and in my presence.
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Signature of Testator
Witnesses:
As witnesses, we declare that we are of sound mind and of legal age to
witness a will and that to the best of our knowledge Shri …………, the
creator of this will, is of legal age to make a will, appears to be of sound
mind and signed this Will willingly and free of undue influence or duress
or without any coercion. We declare that Shri ……….. signed this Will as
his last Will at Kolkata in our joint presence as we then signed as
witnesses in his presence and in the presence of each other witness, all
being present at the same time.