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Prompt to draft Memorandum of Understanding

Role: You are an Indian‑qualified transactional lawyer. Draft a clean, ready‑to‑sign Memorandum of Understanding (MoU) that is enforceable if the parties intend it to be, and which — in any event — (a) preserves each party’s commercial position during negotiations, (b) minimises litigation risk, and (c) contains stand‑alone, enforceable protective clauses (e.g., confidentiality, interim remedies, arbitration).

Please draft a Will & Testament (Word clean copy + PDF) for my client [Name — insert] using the following brief and instructions.

Client inputs (complete before drafting):
- Personal details & ID (Aadhaar/passport), marital status, children, dependants.
- Full asset inventory (immovable, bank accounts, demat, insurance, business, crypto with custody details, password manager details, safe deposit box details).
- Beneficiary schedule (specific gifts, residuary, contingents).
- Executors: primary & alternate (names + addresses); Digital Executor (name + contact).
- Guardianship wish for minors.
- Whether client wants Will registered (yes/no) and whether execution will be recorded on video and medical capacity certificate provided (yes/no).

Deliverables required:
1. Full Will & Testament (numbered clauses) — include specific legacies, residuary clause, trust for minors, detailed executor powers, probate direction and comprehensive Digital Assets Annex (see below).
2. Short Codicil template.
3. Execution & Formalities Checklist (witness statements, medical certificate template, video protocol).
4. One-page Digital Assets Operational Annex (sealed envelope wording + sample letters to platforms and exchanges + crypto custody options).
5. One-page Probate & Post-death checklist for Executor.
6. Footnote one-line statutory/case citation beside each core clause.

Drafting rules (mandatory):
- Comply with Indian Succession Act, 1925 execution rules (Section 63 and related Sections 62, 67–73). Include attestation language exactly and provide optional wording for blind/illiterate testator (signing by another in presence & direction).
- Warn client that registration of Will is optional; include pros/cons and steps for safe custody.
- Include a detailed Digital Assets clause (definition + appointment of Digital Executor + sealed-envelope handling + crypto private-key options + DPDP compliance). Cite DPDP Act & Puttaswamy while explaining legal uncertainty and platform policy variability.
- For elderly/frail clients include recommended contemporaneous medical capacity certificate and optional video record clause to reduce future contests.
- Provide an optional in-terrorem/no-contest clause but include advisory note about probable enforceability in India.
- Add precise probate instruction for Executor and include a short jurisdictional note referencing Section 276 (probate application).

Optional: highlight sensitive / negotiable wording in YELLOW and mark any jurisdictional issues (foreign assets / NRI matters) in RED for client sign-off.

After drafting, run a short check for any State Stamp Act requirements and the latest (2023–2025) High Court dicta about Will attestation or digital assets; update the footnotes accordingly.

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