Last Will and Testament
Last Will and Testament
Last Will and Testament
PRELIMINARY DECLARATIONS
Prior Wills and Codicils
1. I revoke all prior Wills and Codicils
Marital Status
2. I am married to xxxxxxxx
Children
3. I have the following living child: xxxxxxxx.
EXECUTOR
Executor
4. The expression my Executor used throughout this Will includes either the
singular or plural number, or the masculine or feminine gender as
appropriate wherever the fact or context so requires. The term executor
in this Will is synonymous with and includes the term executrix and
personal representative.
Appointment
5. I appoint my spouse, xxxxxxx, as my Executor of this my Will, but if
xxxxxxx should predecease me, or shall refuse or be unable to act or
continue to act as my Executor, then I appoint xxxxxx and xxxxxxxxx, or
the survivor of them, to be my Executor(s) of this my Will in place of
xxxxxxxxx.
6. My Executor is not required to post bond.
Powers Of My Executor
7. I give and appoint to my Executor the following duties and powers with
respect to my estate:
a) To pay legally enforceable debts, funeral expenses and all expenses in
connection with the administration of my estate and the trusts created
by my Will as soon as convenient after my death, except for any debt
secured by real and/or personal property which is to be assumed by the
recipient of such property.
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DISPOSITION OF ESTATE
Distribution of Residue
8. To receive any gift or property under this Will a beneficiary must survive
me for thirty (30) days. Beneficiaries of my estate residue will receive and
share all of my property and assets not specifically bequeathed or
otherwise required for the payment of any debt owed, including but not
limited to, expenses associated with probate of my Will, the payment of
taxes, funeral expenses or any other expense resulting from the
administration of my Will. The entire estate reside is to be divided
between my designated beneficiaries with the beneficiaries receiving a
share of the entire estate residue. All property given under this Will is
subject to any encumbrances or liens attached to the property.
9. The entire residue of my estate will be transferred to my spouse, if my
spouse survives me for thirty (30) full days, for his or her own use
absolutely.
10.If my spouse is not living on the thirtieth day following my death, I DIRECT
my Executor to divide the residue of my estate into as many equal shares
as there shall be children of mine then alive at my death, subject to the
provisions hereinafter specified and to pay and transfer one such share to
each of those surviving children. Currently, I have only one child,
xxxxxxxxx. If any child of mine shall die before becoming entitled, in
accordance with the terms of this my Will, to receive the whole of his or
her share of my estate, but such child has a child or children which survive
me, that child of mine shall be deemed to have survived me for the
purposes of this division and the share of that child of mine or the amount
remaining thereof shall be distributed according to the provisions
hereinafter provided.
11.PROVIDED HOWEVER, that if any child of mine shall die before becoming
entitled in accordance with the terms of this my Will, to receive the whole
of his or her share of my estate, I DIRECT that such share or the amount
remaining thereof shall be paid and transferred to each of those surviving
grandchildren who has reached the age of majority and one such share
shall be held by my Executor in trust for each of those surviving
grandchildren who is a minor child, as specified in provision 'j' under
Powers of My Executor above. If any grandchild surviving such child of
mine dies before receiving the whole of his or her share of my estate, such
share or the amount remaining thereof shall be divided amongst the
surviving children of that child of mine. But if such child of mine shall
leave no child surviving him or her, or if surviving such child all such
grandchildren die before receiving the whole of their share of my estate,
such share or the amount remaining thereof shall be divided amongst my
surviving children in equal shares.
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GENRAL PROVISIONS
Guardianship
14.Should my minor children require guardians to care for them until they
reach the age of eighteen (18), I appoint the following individuals to be
their guardians:
a. I appoint my spouse to be the Guardian of my children during their
respective minorities.
b. If my spouse predeceases me, then I appoint xxxxxxxx and xxxxxx to
be the Guardians of my children during their respective minorities.
No Contest Provision
15.If any beneficiary under this Will contests in any court any of the
provisions of this Will, then each and all such persons shall not be entitled
to any devises, legacies, bequests, or benefits under this Will or any codicil
hereto, and such interest or share in my estate shall be disposed of as if
that contesting beneficiary had not survived me.
Severability
16.If any provisions of this Will are deemed unenforceable, the remaining
provisions will remain in full force and effect.
Signature
17.I, xxxxxxx, the within named Testator, have to this my last Will contained
on this and the preceding pages, set my hand at xxxxxxxxx, this ___ day
of ________, _____. I declare that this instrument is my last Will, that I am of
the legal age in this jurisdiction to make a Will, that I am under no
constraint or undue influence, and that I sign this Will freely and
voluntarily.
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____________________
xxxxxxx
WITNESSES
This instrument was signed on the above written date by xxxxxx, and in our
presence they declared this instrument to be their last Will. At their request and
in their presence and in the presence of each other, we subscribe our names as
witnesses hereto. Each of us observed the signing of this Will by xxxxxx and by
each other subscribing we witness and affirm that each signature is the true
signature of the person whose name was signed. Each of us is now the age of
majority, a competent witness and resides at the address set forth after our
names.
To the best of our knowledge, the Testator is of the age of majority or otherwise
legally empowered to make a Will, is mentally competent and under no
constraint or undue influence.
We declare under penalty of perjury under the laws of the United Kingdom of
Great Britain and Northern Ireland that the foregoing is true and correct this _____
day of _____________, _____, at xxxxxxxx.
Signed by xxxxxxx in our presence and then by us in their presence.
Signature
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Name
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Address
Signature
Name
___________________
___________________
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Address
___________________
___________________
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City/Town
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City/Town
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Postcode
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Postcode
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