MUTUAL WILL BY SPOUSES
Execution date: __________ at __________.
I, __________, of __________, born __________, make this testamentary instrument while recording my personal-law context as __________, domicile/residence as __________, and marital status as __________.
FAMILY AND DEPENDANTS
Children/descendants: __________. Other dependants: __________.
PROPERTY AND LIABILITIES
Immovable assets: __________. Financial assets: __________. Business interests: __________. Digital assets: __________. Liabilities: __________.
PRIOR TESTAMENTARY RECORD
Prior wills/codicils: __________.
SPOUSAL TESTAMENTARY PLAN
The coordinated testators are __________, of __________, and __________, of __________. The survivor-gift structure is __________.
MUTUALITY AND REVOCABILITY
The recorded understanding is __________. Nothing in this clause creates an unstated contractual bar to a competent testator exercising the revocation power recognised by law.
ULTIMATE BENEFICIARIES
Ultimate plan: __________. Survivor obligations: __________.
ADMINISTRATION BASELINE
Specific bequests: __________. Residuary plan: __________. Residuary beneficiaries: __________. Substitute beneficiaries: __________. Minor-beneficiary position: __________. Debts/taxes/expenses: __________.
LEGAL BASIS
Punjab: Sections 59 and 63 of the Indian Succession Act, 1925 govern testamentary capacity and execution of an unprivileged will; section 63 requires the testator's signature/mark and attestation by two or more witnesses. Section 18(e) of the Registration Act, 1908 makes registration of a will optional, and section 40 identifies who may present a will for registration. A Punjab Sub-Registrar receives a will presented during the testator's lifetime; the Revenue Department's published table, checked on 6 September 2026, puts a Will at a registration fee of Rs 4,000, facilitation charges of Rs 500 and the Rs 200 pasting fee that applies to every document. It has no line for one instrument made by two testators, so ask the counter whether it charges once or once for each spouse; the table bears no date either. Section 62 recognises revocation or alteration of a will while the maker remains competent. Section 58 keeps the Act's testamentary provisions away from a Muslim's property: Muslim law governs a Muslim's will and limits a bequest to one-third of the estate without the heirs' consent, so a Muslim testator should not use this form.
Chandigarh: Sections 59 and 63 of the Indian Succession Act, 1925 apply in the same way. Section 18(e) of the Registration Act makes registration optional and section 40 governs presentation; the Sub-Registrar, UT Chandigarh receives a will presented for registration. The Administration's published table, checked on 6 September 2026, puts a Double Will — one instrument executed by two testators, as this one is — at a registration fee of Rs 400 plus a Rs 20 pasting fee, against Rs 200 plus Rs 20 for a single Will. Section 62 recognises revocation or alteration of a will while the maker remains competent. The section 58 exclusion for a Muslim testator applies in Chandigarh too.
PERSONAL DATA NOTICE
This notice is given under the Digital Personal Data Protection Act, 2023.
The purpose of collecting personal data in this Mutual Will by Spouses is to identify the testator, family, beneficiaries, assets, executor or witnesses and preserve the signed testamentary record.
The record will be held by __________ and may be shared only with the testator, executor, witnesses, Sub-Registrar/Registrar where registration or deposit is used, the competent court after death, and legal professionals administering the estate.
If the matter does not proceed, the personal data will be retained for 90 days and then erased. If the matter proceeds, the record will be retained for the matter plus 12 months, except where a statute requires a longer named retention period.
A person named in this document may request correction or erasure where the purpose has ended, withdraw consent for future consent-based processing, or raise a grievance by writing to __________. The record-holder should acknowledge and reply within 30 days.
Data minimisation: this document does not collect a full Aadhaar number, an Aadhaar-card copy, a password or bank credentials.
Personal-data instruction: __________.
SIGNATURE
Spouse 1 / Testator: __________
Spouse 2 / Testator: __________
Witness 1: __________, __________
Witness 2: __________, __________