Family will Agreement

Family will Agreement

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“**FAMILY WILL AGREEMENT** THIS AGREEMENT (the “Agreement”) is made and entered into this ____ day of ________, 20____, by and among _______________ (the “Testator”), of _______________, and _______________ (the “Executor”), of _______________. WHEREAS, the Testator, being of sound mind and disposing memory, makes this Will to declare their final intentions in respect to their property and assets; WHEREAS, the Executor, being fully capable, agrees to execute the Will of the Testator as per the provisions of this Agreement; NOW, THEREFORE, for and in consideration of the mutual covenants contained in this Agreement, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: **PART I: GENERAL PROVISIONS** **1. Effective Date** This Agreement shall be effective as of the date first above written. **2. Definitions** Any capitalised terms used in this Agreement shall have the meaning ascribed to them in this Agreement. **PART II: THE WILL** **3. Declaration** The Testator hereby declares that this is their last Will and Testament and revokes any and all wills and codicils previously made by them. **4. Executor** The Testator nominates and appoints the Executor to administer this Will and to serve without bond or surety. **PART III: DISTRIBUTION OF ASSETS** **5. Specific Bequests** The Testator directs that on their death, the Executor shall distribute their assets in accordance with the schedule attached as Exhibit A. **6. Residual Estate** Any part of the Testator’s estate not effectively disposed of by this Will shall be disposed of as part of the Residuary Estate. **7. No Contest** If any beneficiary under this Will contests the validity of this Will or any provision, such beneficiary shall forfeit their share to the Residuary Estate. **PART IV: DURATION AND TERMINATION** **8. Duration** This Agreement shall continue in full force and effect until the execution of the Will, unless earlier terminated as provided in this Agreement. **9. Termination** This Agreement may be terminated by mutual consent of both parties or by either party upon 30 days written notice. **PART V: LEGAL PROVISIONS** **10. Governing Law** This Agreement shall be governed by and construed in accordance with the laws of India. **11. Dispute Resolution** Any disputes arising out of or in connection with this Agreement shall be referred to and finally resolved by arbitration under the Arbitration and Conciliation Act, 1996. **12. Entire Agreement** This Agreement constitutes the entire agreement between the parties and supersedes all prior understandings, agreements, or representations. **13. Amendment** No amendment to this Agreement shall be valid unless in writing and signed by both parties. **14. Waiver** No waiver of any provision of this Agreement shall be effective unless in writing and signed by the party waiving the provision. **15. Indemnity** The Executor agrees to indemnify and hold harmless the Testator from any and all claims, damages, liabilities, costs, and expenses arising out of the execution of this Will. **16. Confidentiality** The Executor agrees to keep confidential all non-public information obtained under this Agreement. **17. Successors and Assigns** This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successors and assigns. **18. Severability** If any provision of this Agreement is found to be unenforceable, the remainder of this Agreement will continue in full force and effect. **19. Notices** All notices under this Agreement shall be in writing and shall be deemed to have been duly given when delivered in person or sent by registered mail. **20. Interpretation** The headings in this Agreement are for convenience only and shall not affect the interpretation of this Agreement. **21. Counterparts** This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. **22. No Presumption Against Drafter** No provision of this Agreement shall be interpreted against any party because that party or its legal representative drafted the provision. **23. Advice of Legal Counsel** Each party acknowledges that it has had the opportunity to seek the advice of independent legal counsel and has read and understood all of the terms and provisions of this Agreement. **24. In Witness** Each party has executed this Agreement as of the date first above written. **25. Force Majeure** Neither party will be liable for any failure or delay in performance under this Agreement due to circumstances beyond its reasonable control. **26. No Third-Party Beneficiaries** This Agreement is for the benefit of the parties and is not intended to confer any rights or benefits on any third party. **27. Survival** Any provisions of this Agreement which by their nature should survive the termination of this Agreement shall survive such termination. **28. Further Assurances** Each party shall do and perform, or cause to be done and performed, all such further acts and things, and shall execute and deliver all such other agreements, certificates, instruments and documents, as the other party may reasonably request in order to carry out the intent and accomplish the purposes of this Agreement and the consummation of the transactions contemplated hereby. **29. Independent Legal Entities** The parties are independent legal entities and nothing in this Agreement constitutes a partnership, joint venture, or employee-employer relationship between the parties. **30. Good Faith** Each party represents and warrants to the other that such party has acted in good faith, and agrees to continue to so act, in the negotiation, execution, delivery, performance, and any termination of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written. _____________________ (Testator) _____________________ (Executor) **Witnessed by:** _____________________ (Name) _____________________ (Address) _____________________ (Signature) **Date: ________**”
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