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Will With Several Legacies and Religious and Charitable Bequests and Residue to Vest in Trustees for Benefit of Wife and Children

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Published on 30/01/2025
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Will With Several Legacies and Religious and Charitable Bequests and Residue to Vest in Trustees for Benefit of Wife and Children

Counselvise
Other Civil Laws / Will

Template Description

This detailed will template is a 3-page MS Word document categorized under Wills and Estate Planning. It is designed for individuals who wish to distribute their wealth among family members, friends, charitable institutions, and trustees while ensuring the financial security of their wife and children. This template provides a structured format for estate planning and asset distribution. The intended audience includes individuals drafting their wills, legal professionals, and estate planners.


Understanding the Will with Several Legacies and Charitable Bequests


Key Legal Provisions:

  • Section 57 of the Indian Succession Act, 1925: Governs wills made by Hindus, Buddhists, Sikhs, and Jains, ensuring that they comply with succession laws.
  • Section 74 of the Indian Succession Act, 1925: Provides that a testator has full discretion in drafting their will, allowing legacies, charitable bequests, and trust provisions.
  • Section 118 of the Indian Succession Act, 1925: Specifies conditions for valid charitable bequests to prevent fraudulent claims.
  • Section 10 of the Indian Trusts Act, 1882: Outlines the role and responsibilities of trustees in managing the estate for the benefit of beneficiaries.


Key Provisions in the Template:


Revocation of Previous Wills:

  • Declares that all previous wills and codicils are revoked to ensure clarity.

Appointment of Executors and Trustees:

  • Designates trusted individuals to oversee estate distribution and manage trust assets.
  • Grants trustees the authority to act as guardians for minor children alongside the testator’s wife.

Specific Bequeathments:

  • Allocates shares, personal effects, jewellery, vehicles, and other assets to specified heirs.
  • Provides monetary legacies to employees, family members, and friends.

Charitable Bequests:

  • Assigns donations to hospitals, educational institutions, orphanages, and religious organizations.

Establishment of a Trust for Wife and Children:

  • Directs trustees to convert the remaining estate into a trust, ensuring a steady income for the wife during her lifetime.
  • Provides for equitable distribution of the trust corpus among children upon attaining majority.

Trustee Management Powers:

  • Allows the wife to appoint new trustees if needed.
  • Grants decision-making power to the majority of trustees in case of disagreements.

Witness and Legal Compliance:

  • Ensures the will’s validity by requiring attestation by two witnesses.


Key Considerations:

  • Ensure all beneficiaries, including individuals and charities, are explicitly mentioned to prevent disputes.
  • Clearly define the duties and powers of trustees in managing assets and distributing income.
  • Attach a detailed list of all assets, investments, and real estate holdings to avoid ambiguities.
  • Seek legal advice to confirm compliance with succession and trust laws.


Conclusion

This template provides a structured and legally sound framework for individuals who wish to distribute their estate among family members, charities, and trustees while ensuring long-term financial security for their wife and children. It simplifies estate planning, ensuring wealth is allocated responsibly and disputes are minimized.