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Kaagazaat

Will with a Guardian and Trust for a Child

At a glance

Price
Free, always.
Stamp duty
No stamp paper is needed for a Will in Punjab or Chandigarh, according to the published tables recorded in the Will (Vasiyat) template.
Registration
Optional.
Witnesses
Two, who see you sign and who sign in your presence.

Free

Free, always.

Free: up to 5 documents a day.

Guided questions, full draft on screen, download in Word.

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Also called

  • Will with guardian
  • will with trust for minor child
  • testamentary trust
  • special needs trust Will
  • trust for disabled child
  • guardian for child Will
  • Vasiyat with guardian and trust
  • will for minor children

When you need it

A parent's Will can do two things the plain Will (Vasiyat) does not: name a guardian for a child, and put money in trust for the child under a named Trustee, with rules for how it is spent and when the trust ends. This template does both, for one child — a minor, or a child of any age with a disability or special need that will last.

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The Guardian looks after the child; the Trustee, who may be a different person, holds the money and pays for the child's care, education and medical needs. Everything else in the Will works as in the Will (Vasiyat): an executor and an alternate, debts paid first, specific gifts, a residue, a thirty-day survivorship rule, two attesting witnesses. The trust is in clause 9. You decide what goes into it, when it ends, and who gets what is left if the child dies. Do NOT use it if you are Muslim: section 58 of the Indian Succession Act, 1925 keeps its testamentary provisions away from a Muslim's property. A guardian named in a Will generally takes charge only where no parent survives who can act, and the court keeps its powers; the Will cannot give a child a benefit or scheme the law does not allow. If the child's need is serious, have a lawyer read the trust clause. For a simple Will with no trust, use the Will (Vasiyat). For a gift to a minor during your lifetime, use the Gift Deed to a Minor.

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You can fill this in here

You can fill this one in on this site, and read the whole draft on screen before you decide anything about it. It is a carefully drafted template; it is not advice about your own facts.

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See stamp duty, registration and witnesses

What follows is written for Punjab and Chandigarh. It states the position there rather than describing how it varies, so the amounts below are the ones that apply — worth confirming at the sub-registrar’s office, because rates change. If the property is anywhere else in India, none of this is yours.

Stamp duty

No stamp paper is needed for a Will in Punjab or Chandigarh, according to the published tables recorded in the Will (Vasiyat) template. Check the current rate table before you rely on that. A trust created by a Will takes effect on death, and this template does not say that any stamp duty is or is not due on that; ask the Sub-Registrar if you are in doubt. Plain paper, signed and attested, is the usual form.

Registration

Optional. A Will does not have to be registered to be valid, and this one carries the same registration clause as the Will (Vasiyat) template. If you do register, the fee at the Sub-Registrar is a separate matter: ask the counter for the current figure for a Will before you go. The trust itself needs no separate registration step that this template knows of; whether the trust clause changes the registration position has not been verified.

Notarisation

Not required, and no substitute for a witness. Validity rests on your signature and two attesting witnesses. For a parent who is elderly, unwell or under stress, a doctor's certificate of capacity dated the day of signing, kept with the Will, is worth more than a notary's stamp.

Witnesses

Two, who see you sign and who sign in your presence. Each must take nothing under the Will and not be married to anyone who does: a gift to an attesting witness or to that witness's spouse is void under section 67 of the Indian Succession Act, 1925. The Guardian and the Trustee should not be witnesses. Record full addresses and identity numbers, because a witness may have to give evidence years later.

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Sample preview — placeholder answers, not your data

WILL WITH A GUARDIAN AND A TRUST FOR A CHILD

of Gurcharan Singh Gill

I, Gurcharan Singh Gill, aged 25,000 years, son of Late Sardar Mohan Singh Gill, holding PAN AAAPG1234C and Aadhaar ending 4821, resident of X, make this Will at Ludhiana, Punjab on 1 April 2026. By religion I am Hindu.

1. DECLARATION

1.1 I am 25,000 years of age. Being of full age — that is, eighteen years or more — I am competent to make a Will under section 59 of the Indian Succession Act, 1925. If the figure written into this clause is below eighteen, this document is void as a Will and no person is to act upon it.

1.2 I am of sound mind and memory, and I understand the nature of this Will, the extent of the property I am giving away by it, and the persons who have a claim upon me.

1.3 I make this Will of my own free will. No person has coerced, misled, induced or unduly influenced me, and I am not under the influence of any intoxicant or of any medication that clouds my judgment.

1.4 This Will takes effect only upon my death. Until then I remain free to deal with, sell, mortgage, gift or consume any property mentioned in it, and free to revoke or alter this Will.

1.5 This Will is written on plain paper and bears no stamp. No stamp duty is chargeable on a Will either in the State of Punjab or in the Union Territory of Chandigarh, and its want of stamp is not a defect.

2. REVOCATION OF EARLIER WILLS

2.1 I revoke all Wills, codicils and other testamentary writings made by me at any time before today. This is my last Will.

Earlier Wills expressly revoked. For the avoidance of doubt, the Wills and testamentary writings revoked by clause 2.1 include: Will dated 4 August 2014, registered as Document No. 2231/2014 with the Sub-Registrar, Ludhiana (East)

3. MY FAMILY

3.1 My family and the persons dependent on me are: My wife Harpreet Kaur, aged 58. My son Arjun Singh Gill, aged 32, resident of Mohali. My daughter Simran Kaur Sidhu, aged 29, resident of Sector 34, Chandigarh. My mother Kamla Devi, aged 84, who lives with me.

3.2 I have considered the position of each of them in making this Will.

4. EXECUTOR

4.1 I appoint Arjun Singh Gill, my son, resident of X, to be the Executor of this Will.

Alternate Executor. If Arjun Singh Gill predeceases me, or is unwilling or unable to act or to continue to act, I appoint X, resident of X, to be the Executor of this Will in place of Arjun Singh Gill.

4.2 My Executor shall obtain probate or letters of administration where the law requires it or where my Executor considers it prudent, shall collect and take charge of my estate, shall pay what is payable under clause 5, and shall distribute the rest in accordance with this Will. Clause 10.4 records my understanding of when a grant is and is not needed.

Questions about this document

Does the Will with a Guardian and Trust for a Child need stamp paper or stamp duty in Punjab and Chandigarh?

No stamp paper is needed for a Will in Punjab or Chandigarh, according to the published tables recorded in the Will (Vasiyat) template.

See the full position on stamp duty, registration and witnesses
Does the Will with a Guardian and Trust for a Child need registration in Punjab and Chandigarh?

Optional.

See the full position on stamp duty, registration and witnesses
What does the Will with a Guardian and Trust for a Child cost on Kaagazaat?

Free, always.

Does the Will with a Guardian and Trust for a Child need witnesses?

Two, who see you sign and who sign in your presence.

See the full position on stamp duty, registration and witnesses

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