18/11/2023
After us, What?
Drafting of a WILL :
I give you a simple draft of a WILL for your special child.
You may make minor changes as you deem fit based on your circumstances.
It is not mandatory to register your WILL.
Two witness will suffice to make your WiLL legally acceptable.
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[Your Name]
[Your Address]
[City, State, PIN Code]
[Email Address]
[Phone Number]
[Date]
Last Will and Testament of [Your Full Legal Name]
I, [Your Full Legal Name], residing at [Your Address], being of sound mind and disposing memory, do hereby make, publish, and declare this document to be my Last Will and Testament, hereby revoking any and all previous wills or codicils made by me.
1. Appointment of Executor
I appoint [Executor’s Full Name], residing at [Executor’s Address], as the Executor of this Will. If the appointed Executor is unable or unwilling to serve, I appoint [Alternate Executor’s Full Name], residing at [Alternate Executor’s Address], as the Alternate Executor.
2. Payment of Debts and Expenses
I direct my Executor to pay all my just debts, funeral expenses, and the expenses of administering my estate as soon as practicable after my death.
3. Special Needs Trust
I hereby establish a Special Needs Trust for the benefit of my [Special Needs Beneficiary’s Full Name], residing at [Special Needs Beneficiary’s Address], who is a person with special needs as defined by applicable law. I appoint [Trustee’s Full Name], residing at [Trustee’s Address], as the Trustee of this Special Needs Trust.
4. Distribution of Estate
I give, devise, and bequeath all my property, both real and personal, of whatever kind and wherever located, to the Special Needs Trust established herein for the benefit of my [Special Needs Beneficiary’s Full Name]. The Trustee shall hold, manage, and distribute the assets of the Special Needs Trust in accordance with the terms and conditions set forth in the Trust Agreement executed concurrently with this Will.
5. Guardianship
As I have Special child at the time of my death, I appoint [Guardian’s Full Name], residing at [Guardian’s Address], as the legal guardian of my minor children. If the appointed guardian is unable or unwilling to serve, I appoint [Alternate Guardian’s Full Name], residing at [Alternate Guardian’s Address], as the Alternate Guardian.
6. Residuary Clause
I give, devise, and bequeath all the rest, residue, and remainder of my estate, of whatever kind and wherever located, to [Residuary Beneficiary’s Full Name], residing at [Residuary Beneficiary’s Address].
7. No Contest Clause
I hereby declare that if any beneficiary under this Will contests the validity or terms of this Will, or any provision thereof, then the share or interest of that beneficiary shall be forfeited and shall be distributed as if that beneficiary predeceased me.
8. Governing Law
This Will shall be governed by and construed in accordance with the laws of the [State] in India, without regard to its conflict of laws principles.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this [Day] day of [Month], [Year].
[Your Full Legal Name]
Signed, sealed, published, and declared by [Your Full Legal Name], as their Last Will and Testament, in the presence of us, who, at their request, in their presence, and in the presence of each other, have subscribed our names as witnesses.
Witnesses:
1. [Witness 1’s Full Name]
[Witness 1’s Address]
[Witness 1’s Signature]
2. [Witness 2’s Full Name]
[Witness 2’s Address]
[Witness 2’s Signature]
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Hope this helps.
Tomorrow I shall give you the draft of a Special Needs TRUST.
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